Sued for Causing Injuries in a Fight

[John23]

My question involves injury or loss that occurred in the state of: NYS
I have received a summons that I am being sued for causing permanent injury to a person during a bar fight. I did not lay a hand on this person but in time they had found out that I have a secure job. I understand that people sue for anything and this is the first and only time I hope I get sued. What is the process and chances that this person gets anything. I do not want my homeowners to settle with this low-life. Also, the husband of the person suing is claiming that his wife cannot do her "duties as a wife". These people have family members that will lie for them that work at the bar. Please advise.

[LawResearcherMissy]

What is the process

It has already begun. You'll go to court, the plaintiff will tell her side, her attorney will call her witnesses. You will tell your side, your attorney will call your witnesses. The judge will listen to the facts presented and decide based on those.

and chances that this person gets anything.

We can't answer that. The law doesn't work on "chances", it works on facts, and we don't have access to any of them.

Please advise.

Get a lawyer. I can't emphasize that enough. And before you jump up and tell me you can't afford one - because no one thinks they can afford counsel - can you afford to lose your house if the judge finds in favor of the plaintiffs and awards huge damages?

[Mr. Knowitall]

Turn it over to your homeowners and hope that they defend you. Homeowner's policies typically exclude coverage for intentional torts and for crimes, and injuries caused in a bar fight typically fall under both exclusions.

Your lawyer will obtain this person's medical records to find out (a) if he was treated after the fight and what he told the ER doctors about his injuries and how they occurred, or (b) if he did not seek prompt treatment, when he did in fact go to the doctor about his alleged injuries and what he told the doctor at that time about how they occurred. An ER report should include the explanation which, if inconsistent with the current story, can do a lot to make it go away.

[John23]

Thanks for your response. This person went to their primary care 5 days after and the doctors report states that she is having neck pain, headaches, sleeplessness, anxiety and hair loss. She had told the MD that she was assaulted by two people. I do in fact have counsel and they are not too phased by this. The imaging is all negative. Just subjective complaints. They were surprised that an attorney would even waste their time on this.

When does a trial get decided by a judge or jury? Is one better than the other?

[Mr. Knowitall]

When one or both parties request a jury and make timely demands (typically accompanied by a required jury fee), a jury decides the case. When neither party requests a jury, the case is typically decided by the judge.

[KeyWestDan]

Long before trial there is DISCOVERY. It is during discovery that your attorney will be able to get all the medical records and question all the people under oath. If they don't have their story straight or lie there is a record of it. (Be prepared to pay for producing transcripts of the depositions.) Then at trial if your attorney can show the jury that their story has changed or they have lied, you have a good chance of discrediting them and winning the case.

Under discovery your attorney can force them to answer questions in person or in writing, produce documents, submit to independent examinations, etc.

A neat trick is calling the defendant's witnesses during the plaintiff's case, so be prepared for that.

Get your own witnesses lined up and deposed by your attorney. Getting depos is important so that they can't change their minds later.

The case will also likely go to a mediation session before it is scheduled for trial.

[mudpie]

Is there a police report?