Can you sue someone if you’ve been injured in a fight?
Although most people try to avoid them, sometimes circumstances inevitably lead to a fight. Once a fight persists, it has the potential to escalate very rapidly. One side or both sides may sustain very severe injuries. The question becomes whether you can sue to be compensated for the medical costs, pain and suffering, and injuries from the fight.
Is it possible to have a Personal Injury Case?
The short answer is it depends. While it is possible to sue and receive compensation for the injuries you have sustained in a fight, there will be many factors involved in assessing your claim. An experienced personal injury can help assess whether you have a claim or not.
Factors of a Personal Injury Claim
- Fault depends on who was the person responsible for. It will be essential to show that the person who injured you started the fight. To prove this, details such as what was the cause of the start, and who became physically violent first.
- Defenses are very important, because an individual may plead a defense and not be liable for the injuries during the fight.
- Self Defense: is the most common type of defense. To plead this defense, you must show that is was reasonable to use force to protect yourself from imminent physical force.
- Note: you cannot use protect yourself by using excessive force against your striker. For example, if someone tries to punch you, but misses- you cannot respond by shooting them with a gun. This would be excessive and would not be self-defense.
- Consent: if you consent to a fight, then you cannot sue for personal injuries. A perfect example is a boxer who is injured. Since the boxer consented to be involved in a fight, they cannot sue for injuries.
- Property defenses are possible if an individual started a fight to protect a piece of property.
- A third-person defense can plead when a person believes a third party is in imminent danger of physical force. In this case, if the third person uses reasonable force, they may be able to plead this defense.
- Self Defense: is the most common type of defense. To plead this defense, you must show that is was reasonable to use force to protect yourself from imminent physical force.
- Injuries must be present to have a personal injury claim. Receiving medical treatment and/or not being able to work are different injuries that would help in making a personal injury case.
Call our Offices for a Free Consultation
If you have been involved in a fight, and you need to consult with an attorney about whether you have a Viable Personal Injury Claim, call our offices today. One of our knowledgeable Personal Injury Attorneys can guide you through the stressful process. Call us for a Free Consultation.