Legal Question in Personal Injury in Georgia

Battery

I was beaten by a drunk man while I was at work. I was bruised and bloody, but did not have to go to the hospital or dentist. I have learned that my assailant is wealthy and unremorseful. Can I sue for punitive damages,and if so,how is the amount of damages determined? I have 2 city cops that want to be subpoenaed in the case because they feel his punishment was not adequate.


Asked on 4/21/04, 2:07 pm

3 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Battery

Yes, you can sue for punitive damages. The amount is determined by "the conscience of a panel of fair and impartial jurors". The Defendant's financial condition is a relevant consideration and the purpose of punitive damages is to deter the Defendant from similar conduct. You should consult with a local attorney.

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Answered on 4/21/04, 2:13 pm
David Glass Law Offices of David H. Glass, LLC

Re: Battery

You may sue for punitive damages. Punitive damages are meant to punish and deter the defendant from engaging in future acts such as this one. I would be happy to handle your case, but would need a phone consultation. If you would like to discuss your case, give me a call at (404) 529-9081.

Sincerely,

David H. Glass

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Answered on 4/21/04, 2:22 pm
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Battery

You may sue for medical expense and lost wages (if any), physical and mental pain and suffering, and punitive damages. The value of the case is directly related to the quality of your evidence. If there is no objective corrobotation of injury, e.g., medical testimony, records and bills, photographs of injury, etc., then it gets pretty subjective and is your word against his. You need witnesses to the incident, and without them your case is greatly weakened. If he is wealthy, he will be well represented, and will not look or act like a violent drunk when he comes to court. The defense will probably try to blame it all on you and make you look like a gold digger.

Yes, you can sue, but without more information I honestly can't tell you it's economically worth it for most attorneys to take the case. You don't say what county you are in. I urge you to contact a competent trial lawyer in your county, probably one who is young enough to take such a case for the experience and whatever fee it may produce.

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Answered on 4/21/04, 4:36 pm


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