[KaiserG13]

Hi, I am a 24 year old graduate student in Georgia. I went out with some friends for one of their birthdays. We were leaving the bar and in the parking lot a group of 4 or 5 older men approached us as we were waiting for a ride home. My friends and I had been drinking and the older men had been too. They were looking for a ride and we told them to call a cab and then they wanted to know how to get to the holiday inn express. I told them that is was down the road (which was the wrong direction) being a smart ass. Then one of my friends proceded to tell them the right directions to their hotel. It irritated one of them that I was giving them wrong directions and he approached me from my back right side and hit me in the jaw. It broke my jaw in two places. My friends got the older man off of me and the group of them ran off. I got a cell phone and called the police and told them what happened and where they were running to and the police arrested them. Some of my friends identified the man that hit me while i was being taken into the ambulance. He was 36 years old from Alabama and was charged with battery and public intoxication. I then had to have an xray at the hospital and then have surgery on my jaw. It had to be wired shut for 6 weeks and I have been in a lot of pain.

My questions are

(1) Is there anyway that the battery charge can be upgraded to aggravated battery since my jaw will be disabled for six weeks?

(2)What plan of action should I take against the person who hit me? I know that I definately want him to pay for what he did to me. I doubt the court action will be as severe as I want. I know that I can bring a civil suit against him for the medical bills that occurred due to his crime. How much can I sue him for my pain and suffering? I am in excruciating pain and cannot open my mouth, move my jaw, and can only eat liquids. Plus I missed a lot of school that will effect my grades in some aspect.

(3) What will the court sentence be? a fine, community service, jail time? I know that depends on his previous record and how he pleads etc but what is the usual?

(4)The man that hit me was in town for a work related conference. Since he is an agent of his employer can his employer be held liable for his actions as well even though they were not during the scope of his employement?

Please reply so I can better understand what I should do to right this wrong. Thanks.

[Mr. Knowitall]

(1) Is there anyway that the battery charge can be upgraded to aggravated battery since my jaw will be disabled for six weeks?

That will be up to the prosecutor, so contact the prosecutor's office.

(2)What plan of action should I take against the person who hit me? I know that I definately want him to pay for what he did to me. I doubt the court action will be as severe as I want. I know that I can bring a civil suit against him for the medical bills that occurred due to his crime. How much can I sue him for my pain and suffering? I am in excruciating pain and cannot open my mouth, move my jaw, and can only eat liquids. Plus I missed a lot of school that will effect my grades in some aspect.

You should be able to request restitution for your out-of-pocket expenses through the criminal court. You can sue him for whatever you want for the battery, and see what the court awards. If the person has a job and is likely to be able to pay a judgment, you may find a law firm willing to help you.

(3) What will the court sentence be? a fine, community service, jail time? I know that depends on his previous record and how he pleads etc but what is the usual?

For a first offense, probation is likely. For a subsequent offense, the longer the record the more likely it is that there will be jail time. The prosecutor's office may be able to give you an idea of what the judge is likely to do, and may also be willing to tell you what they will ask the judge to do.

(4)The man that hit me was in town for a work related conference. Since he is an agent of his employer can his employer be held liable for his actions as well even though they were not during the scope of his employement?

No.