Q: I was pushed and punched by another person. Can I sue him for assault and battery?
A: You can sue anyone for any reason, the real question is whether your lawsuit is frivolous or not. Battery is both a crime and a tort. This means that the person who attacked you can be punished in a criminal court for the crime of battery, and the person can also be sued civilly for the tort of battery.
Whether you should bother suing the person in civil court depends on your damages. If you have no physicial injuries to speak of, you will not be awarded much, if anything, for pain and suffering. This means it is probably not worth the trouble of going to court over. If, however, you suffered some kind of serious injury, you will be able to recover for not only your medical bills, but also for the pain, suffering, lost wages, etc. associated with the attack.
Filing a police report is probably the overall easiest and best solution to this situation. The prosecutor in your jurisdiction can file a criminal complaint against the person, and will attempt to obtain “restitution” for you to pay you back for any medical bills you may have incurred. If your injuries are more serious and you feel like you have a claim for pain and suffering “general” damages, call Boley and AlDabbagh today to schedule your free consultation.
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