The man who assaulted you with the beer bottle should have been reported to the police. Aggravated assault with a dangerous instrument (beer bottle) is a Class 3 dangerous felony in Arizona and carries a mandatory sentencing range of 5 to 15 years in prison, with a presumptive sentence of 7.5 years.
But the fact that this was "swept under the rug" as you say will make it very difficult for you now. You should definitely consult with some personal injury lawyers. I agree that no insurance will be covering this intentional act. But you said in some of your comments that he has a lot of money, so maybe the claim is worth pursuing. You should also consider getting an order of protection (restraining order) against him. Another thing to keep in mind: all of your family members who pressured you to "sweep it under the rug" could face the possibility of criminal charges for the crime of "hindering prosecution." This guy gave you a permanent brain injury with a beer bottle and everyone wants you to shut up about it. There's a lot of bad stuff going on here and it sounds like you are the victim. Talk to some lawyers right away. God bless!!
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You probably ought to consult an attorney about this. You can get generally get an initial appointment without charge, or at least a phone consultation. I foresee difficulties in this case because insurance usually does not cover intentional assaults. Absent some kind of special circumstances, like your grandmother's husband was in a condition that he was incapable of knowing what he was doing, you would probably be limited to his personal assets (and possibly your grandmother's) for monetary recovery. Unless they have a substantial amount of money, this is unlikely to benefit you -- or your familial harmony.
Seek an experienced personal injury attorney ASAP to discuss your case in detail. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
It sounds like your grandmother's new husband has a problem. There are a couple of options available for someone in your situation. Have any criminal charges been filed? If so, you may be able to get restitution in the form of a money judgment through the criminal case. You may also be able to collect some money from funds available to crime victims. You may also be able to bring a civil claim against this man. You should consult with a personal injury lawyer in your area who could give you more information about these options, and possibly others.
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Consult with a good local AZ personal injury attorney - there are many that you can locate on AVVO( under the tab "Find Lawyers"
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
If you haven't already done so, file a police report. I don't know what type of victim's crime find Arizona has, if any. Yes, you can sue him and get a judgment, but since it is an intentional assault insurance will not cover. If he is working, you can get a judgment and garnish him for the rest of his life, but collecting on intentional tort judgments is difficult.
You need to pick up a phone and contact the police in the town where this incident occurred and file a complaint against this grown up.
Where are your parents during all of this?
If this grown up has assets, you may be able to successfully sue him for the damages. You will need to retain an attorney to do this, as certain orders made need to be issued to prevent this grown up from transferring or disposing of assets. This behavior will not be covered by any insurance and you will need to rely of this person's assets in order to collect.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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