It is very rare that somebody calls our office looking for representation regarding a fight or altercation. Most of the cases this Cincinnati injury lawyer handles involve a motor vehicle accident, a slip and fall, or a premises liability injury. While the negligence laws in Ohio apply to certain cases involving a physical altercation, these cases are few and far between. Typically, this sort of case will be treated as an intentional tort. In any personal injury case involving an intentional act, the victim is entitled to damages as long as they can prove intent.
The one benefit of being a victim in this type of case is that the judge and jury, if applicable, will certainly sympathize with you. The thought that somebody would intentionally hurt another person is hard to digest. You may also have a right to file criminal charges against the other party. The only way to know for sure is to meet with a seasoned Cincinnati injury lawyer and have them review your case.
What we suggest to any potential client who contacts our office is to schedule a free, initial consultation. This gives you an opportunity to sit down with a seasoned Ohio injury attorney who not only knows the law but has handled hundreds of cases before. When you sit down with them for your initial consultation, it’s important that you bring any information you have with you to the meeting. Your Cincinnati injury lawyer will need to review all of this to determine if you have a valid claim. If you do, they may be willing to represent you. This consultation also gives you a chance to see if you want to retain our services.
Cases Like This Are Rare but They Do Happen
As briefly mentioned above, it is very rare that we meet with a client who has been injured in a physical altercation. Now, there is a big difference between being involved in an altercation or being attacked by another person. You would have much better chance of recovering damages if you were attacked by a third party. If you were somehow responsible for the altercation or were as eager as the other party to fight each other, it will be very difficult, if not impossible, to recover damages.
It’s Important That You Go to the Emergency Room Immediately After Your Altercation
One thing that we will say is that it’s very important that you go to the emergency room immediately after your fight is over. The types of injuries sustained in most physical altercations are usually things like bruises and lacerations. These injuries can go away or start to heal rather quickly. If you’ve ever cut yourself with a knife or other object, you’ve probably seen how quickly your wound starts to heal. If you need stitches, that’s another story. The point here is that you’re going to have to show the court that you suffered a physical injury as a result of the altercation. Since there is no financial injury involved, demonstrating a physical injury will be your only chance of recovering damages.
If you’re unable to produce medical records that show that you were treated for emergent injuries on the day of your altercation, you’re Cincinnati injury lawyer may not be able to prove your case. Since these types of cases are not based on a negligence standard but on an intentional tort standard, you will need significant proof that the other party not only started the fight, but also delivered blows severe enough to cause physically injury.
Did You Suffer Significant Injuries?
As mentioned above, you will need to demonstrate that you suffered a physical injury because of the altercation. Some of the more common injuries you would see in this type of attack include the following:
- scratches and lacerations to the arms, face, and chest
- bruises around your face, neck, chest, and back areas
- you may have suffered an eye injury due to a punch by the other party or being cut with a piece of broken glass
- you may have knife wounds which may be significant or minor
- depending on how serious the altercation became, you may have fallen and broken your knee, wrist, or ankle
Regardless of what type of injury you suffered, you have to go to the emergency room right away or there’ll be no way to demonstrate that your injuries even existed. If you wait more than a day or two to seek treatment, your wounds are going to heal and any pictures or medical notes about your injuries will probably not be enough to warrant damages.
What Types of Damages Can You Collect in This Kind of Case?
If your Ohio injury attorney is able to prove your case, you may be entitled to certain types of damages. Some of the damages you may recover include the following:
- compensation for any physical injuries you experienced
- reimbursement for any medical bills or any future medical care that you’ll need
- compensation for any lost wages if you missed more than a week or two from work
- damages for lost future income if you are no longer able to do the same kind of work you did before the altercation
- pain and suffering damages if your injuries were serious enough
- punitive damages if you can show that the other party acted with malicious intent or gross recklessness
You Should Reach Out to an Experienced Cincinnati Injury Lawyer
If you got into a fight with somebody and were seriously injured, there is the chance that you may have a claim for damages. As you can see, there are a lot of factors that can impact your case. These cases are unusual. As Cincinnati injury lawyers, we always speak about the possibility of a case like this. However, typically, when two people are involved in any sort of altercation, the two take their lumps and go their separate ways. It is very rare for one of the participants to sue the other for damages.
In order to have a chance of receiving damages, your Ohio injury attorney will have to prove that you were an innocent victim. At a minimum, you’ll have to demonstrate that the other party involved in the fight was more than 50% at fault. Since this is hard to measure in something like a physical altercation, your Cincinnati injury lawyer will have to thoroughly review whatever evidence you have before they agree to take you on as a client.
If you’re serious about filing suit, contact our office so you can schedule your free, initial consultation. This gives you a chance to ask any questions you may have. It also allows our Ohio injury attorneys a chance to see if your case has merit.