If I was stabbed right under my eye with a broken glass at a local restaurant, what should my first step be?

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If I was stabbed right under my eye with a broken glass at a local restaurant, what should my first step be?

I want to follow though with a lawsuit not that she is out of jail.

Asked on December 16, 2012 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue your attacker for your out-of-pocket (not paid by insurance) medical costs, lost wages (if any) and, if the injury was serious enough, possibly some amount of pain and suffering. The restaurant would not be liable for the criminal assault, however, so you could not sue the restaurant absent special circumstances showing that they somehow were at fault--for example, she had been making loud threats and/or attacking people, but despite that, they did not try to remove the stabber or call the police. In that case, their negligent (unreasonably careless) failure to act could possibly make them liable, or financially responsible.


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