Attacked by Friend While Drinking...

by Melanie
(Rio Rancho, NM)

In October my friend attacked me and bit a chunk out of my chin with her teeth. We were both drinking but we had not been fighting prior to the attack, the night was going well until the end. She brutally attacked me when I was passed out, trying to get out of the vehicle we were driving in. She pulled my face back and bit a chunk out of my face.

I now have a scar on my chin, I missed work, and I've endured pain and suffering. I am not sure how I should handle this incident. What should I do about suing her? Should I sue her? I have never done anything like this before. It happened while I was visiting her in Colorado. I live in New Mexico. Thank you.

Disclaimer: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Attacked by Friend While Drinking...":

Melanie (Rio Rancho, NM):

Hopefully you, or someone else, called the police at or about the time of the attack. Without 3rd party verification, especially police verification, your claim against your "friend" for damages will have trouble surviving.

If there were witnesses to the attack they may prove helpful in substantiating your case. Taking their statements would have been very helpful. If you didn't take them at the time of the attack it isn't too late. Inasmuch as the attack took place in another state you may have trouble getting those statements. Don't worry. You can still call the witnesses and take their recorded statements over the phone.

The major problem you will have is the "venue" of the case. The venue is the place in which the case must be pursued if it goes to trial. The venue relates to the court's jurisdiction over the case. The court having jurisdiction over the attack is located in the county, or "venue" in which the attack occurred.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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