Legal Question in Personal Injury in Florida

Bar assault

My son was assaulted @ a local club by another patron. The result was multiple fractures of his nose and eye socket, He was treated at the emergency room and the assailant was arrested and charged with battery and cocaine possesion. My son has no insurance and is finding it difficult to be seen by a specialist for a follow-up. What recourse does he have?


Asked on 6/09/09, 4:53 pm

3 Answers from Attorneys

Diana Santa Maria Law Offices of Diana Santa Maria, P.A.

Re: Bar assault

Sorry about the injuries to your son. His recourses are as follows: as far as civil remedies there may be a cause of action against the Bar, depending on the circumstances, as a result of their failure to provide adequate security that would have prevented the assault. An investigation would have to be undertaken to evaluate the circumstances of the assault and whether or not the Bar/local club could be held accountable. Our office handles these cases on a contingency basis; we have handled a number of them over the years and would be happy to evaluate this for you/your son on a contingency basis with no upfront costs. From a criminal standpoint your son may be entitled to criminal restitution as a crime victim, these recoveries may be minimal, depending on the financial status of the assailant and other factors. I hope that this has been helpful and that your son fully recovers from his injuries. Please feel free to contact us if you feel that we may be of assistance to you.

Diana Santa Maria

www.santamarialaw.net

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Answered on 6/10/09, 3:02 am
Jacob Lieberman Lieberman Law Company

Re: Bar assault

If there is a criminal conviction your son could be entitled to restitution. Plus theres the crimes victims trust fund as well.

As to the civil side there may be a claim against the club for negligent security. It would be intertesting to see if there was insurance and whether there is a battery exclusion in the coverage as well

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Answered on 6/09/09, 6:08 pm
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: Bar assault

You can sue the bar or the person who hit him.

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Answered on 6/09/09, 9:54 pm


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