Personal Injuries from Assault...

by Christian
(Concord, NC, USA)

I was with two guys and we went to this other guy's house so they could drink. They were drunk and started yelling at me so I yelled back and they kicked me out of the house. But they were my ride home so I had to wait outside for a few hours.

When they finally came outside we started walking to the car and they were still yelling at me but I couldn't understand what they were saying. I didn't say anything but one guy came up behind me and grabbed me while the other one punched me in the face 20-30 times. I got away and started walking home then a friend came and picked me up.

When I got home I called the police and the paramedics. I suffered severe trauma to my mouth which required two root canals and 2 oral surgeries. One guy is already on probation and the other already has a warrant out for missing court. I took warrants out for their arrest.

My questions are:

If convicted of this crime how much time will they spend in jail?; and,

How much money should I get if I sued them for hospital bills and pain and suffering?

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 "Personal Injuries from Assault...":

Christian:

The North Carolina Criminal Code provides as follows:

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14 33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments.

(a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor punishable by up to one year in jail.

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If you decide to file suit against the individuals who assaulted you and were to prevail it is probable the Court would order the defendants to pay you in full for your medical bills, lost wages, and out of pocket expenses.

The amount of the damages for pain and suffering will be completely determined by the Judge. She will take into consideration all you have suffered, and may continue to suffer as a result of the assaults. From the facts you present it would seem the individuals who assaulted you may not be persons of any wealth. That may be an understatement.

The good news is this... Because the assault happened at a home, whether inside the structure, or on the outside property, you may be entitled to recover a substantial amount of money through the homeowner’s insurance policy; that is assuming there was one in place.

In most cases, especially when there is a mortgage on a home, if the homeowner fails to buy or maintain homeowner’s insurance the bank or other lending agency normally will purchase the insurance and will just add the amount of the policy into the monthly mortgage payments. Whether the person who assaulted you actually lived in the property where the assault took place does not matter in the legal sense. The point is the assault occurred on property which was insured.

We would urge you to make every attempt you can to learn the name of the Homeowner’s Insurance company. Contact them and tell them you are filing a claim for damages. The insurance company will set up a claim number and within a few days you should be contacted by a representative of the homeowner’s insurance company.

The person contacting you is known as a Claims Adjuster. She will take a recorded statement from you and then begin an investigation of the events leading up to the assault.

Just because the injuries were the result of a criminal action does not exclude coverage. As long as it is finally determined that you were not engaged in criminal action which immediately precipitated the assault you should be compensated just as if you were attacked by a homeowner’s dog and suffered a serious dog bite.

We urge you to take advantage of your legal rights and make every legal attempt to recover for your injuries.

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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