ATTN: INS. ADJUSTERS/LAWYERS…… Was assaulted/injured. Do I sue the property insurance or what?

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This person assaulted me on their property (owned by his parents but where he resides) I know I should sue him personally but should I also sue the parents homeowner’s policy?

I have a egg sized knot on my head and suffered symptoms of a concussion (dizzy, vomitting etc) but did not go to the hospital. I don’t have medical insurance.

Anyone ever dealt with similar circumstances in relation to this?

In Alabama any idea what I should sue for…
the person was 20 yrs old but he does live with his parents.

I was checking my own homeowner’s policy and it covers liability claims against me and those who live in my home even if they weren’t on my property.

4 Comments
  1. Reply
    Terri M
    July 17, 2011 at 8:17 pm

    You didn’t go to the hospital; you have not sought treatment for any injuries…no damages = no basis for lawsuit against anyone.

  2. Reply
    killswitch_fix
    July 17, 2011 at 8:24 pm

    You were battered, it sounds like.The damages relating to a civil battery needn’t be physically manifested. It’s possible you could still sue. In most jurisdictions, battery damages can be collected regardless of the harm that was sustained in the tort, since the damages are the battery itself.

    Whether it’s worth pursuing is another story.

    I suppose it’s possible to go after some vicarious liability on the parents part, because they are parents. Particularly if it was a minor that battered you. But you should consult a personal injury attorney in your jurisdiction and ask him.

  3. Reply
    Sunni23
    July 17, 2011 at 9:04 pm

    You can have a theory to sue under, but if there are no damages that you can prove, then you can’t recover. When you sue someone, you have to prove damages and the best way to do that is with doctor or hospital bills. If you didn’t seek treatment a court is probably going to assume that the injuries weren’t that serious.

  4. Reply
    Mark
    July 17, 2011 at 9:39 pm

    I would make a police report and have the guy arrested on criminal assault and battery. Once he is convicted, I would use that conviction and sue in civil court for damages.

    Any action you take suing him should be through a personal injury attorney. They seem to get quick results in dealing with insurance companies. Remember, he is going to be handling the case on a contingent fee basis, and he is out to get as much as he can.

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