What can be done regarding an assault that resulted in injury?

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What can be done regarding an assault that resulted in injury?

My brother was jumped at a bar by 4 military men for no apparent reason. In order to keep the guys from beating him to death, our cousin stabbed 1 of them to get them off. When my brother arrived at the emergency room, he told the sheriff that he wouldn’t talk without his attorney. He has bilateral mandibular fractures from being hit in the face. A friend of the family said that they heard 2 of the guys at the hospital say that they were going to be looking for both my brother and my cousin when they get out. Is there anything that he can do? It doesn’t seem right that someone can do harm and not be punished.

Asked on May 19, 2011 under Personal Injury, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or privilege.  Battery is the harmful or offensive touching of another without consent or privilege.  Battery is the actual physical contact.

Assault and battery are both criminal and civil.  In addition to criminal charges being filed by the district attorney's office for assault and battery against those individuals who attacked your brother, your brother can file a lawsuit (civil case) against the people who attacked him for assault and battery. 

Your brother should obtain his medical reports and medical bills when he completes his medical treatment and is released by the doctor.  The medical reports will document the nature and extent of his injuries and will be used to determine the amount of compensation your brother receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills    Your brother's damages (monetary compensation he is seeking in his lawsuit) should include the medical bills, compensation for pain and suffering, and any documented wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.

Your brother will need to file his lawsuit prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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