I was verbally attacked then punched smaked hair grabbed and hit with a pole and I got broken bones cuts etc. in self defense i protected myself,with my bare hands,, police didn't arrest anyone they kind of said it was mutual fight, but it was NOT. they asked if I wanted To press charges and asked him we both said no . I had blood everywhere and when police arrived they saw this man standing there with a metal pole on top of everything.
I was almost knocked unconscious so I obviously wasn't well to think at all
I was taken to emergency room hospital
later I found out police say you said u didnt want to press charges so no one was arrested.
the guy who assaulted me and beat me was with no damage proving I was the victim
can I sue and what do I do - police aren't doing anything ? and does it matter that I said in that awful state of pain I was in that I said ididnt want to press charges ? I think I remember them also saying either we both get arrested or no one. so what do I do? I now have broken bones ,bills, and bad pain by this person who attacked me with metal poles and more items
what do I do?
The police have discretion on whether or not to arrest someone. You can sue but does the person have significant assets to collect from? You file a summons and complaint to start a lawsuit.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Depending on the injury and the time spent in hospital or on medical attention, you may have a civil suit...lawyers are good at evaluating these...bring medical records to local lawyer
You might have a case for your pain and suffering against the person who assaulted you - but do they have assets to collect from? If not, even if you were to win, how would you collect a judgment. Or might there be another entity that could be held responsible also? Was the assault in a commercial establishment that should have provided security? The bottom line is, you should talk to a personal injury attorney ASAP. And take photos of your injuries.
You can sue, but: you are going nowhere without an independent witness. As you mentioned, you did not ask to press charges at the time. You had reasons, but the failure to do so will hurt your credibility. Then, if you win, will he be able to pay the judgment?
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