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Cheap Shot Resulting In a Broken Nose

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  • 12-30-2006, 05:53 PM
    waronbros
    Cheap Shot Resulting In a Broken Nose
    This happened in the state of California in the city of Los Angeles.

    Last night I was involved in an altercation with an individual outside of a party which left me with a fat lip and broken septum. It all started when a few words were exchanged between the both of us. Nothing physical had happened at this time and people already had broken us up. We were then separated and I was talking to a friend. I thought it was over at this time. Then all of a sudden he came at me while I wasn't looking and cold clocked me right between my nose and upper lip at full force. I didn't even have time to defend myself because I didn't even see it coming. A scuffle then pursued with my friends and a few other individuals but at this moment I was already tending to my bloody nose. Nothing further happened at this time other than more words were exchanged between the both of us. I never once even attempted throwing a punch or threatened anything physical for that matter. Also there was alcohol involved way more in his system than mine. I didn't call the police nor have I had any medical attention from a doctor. I can feel that there is definitely something wrong with my nose and I don't want to have to worry about problems with it in the future. I just want to know what my options are at this moment and what my next step would be, if I should press charges, get a lawyer etc.. There were many witnesses present and also proof that the other guy had been causing problems earlier in the night. It just seemed like he was looking for a fight. I was able to get his name but that was about all the info I could obtain. I want him to get what he deserves and all of my medical expenses covered. Should I have called the police right after it happened? Do I have a case? If you could help me with any information I would greatly appreciate it.

    Thank you
  • 12-30-2006, 07:04 PM
    cdwjava
    Re: Cheap Shot and my Broken Nose!
    Calling the police right away would have been preferable. Now, it might be hard to track down impartial witnesses. The police will now be able to contact your friends and the other guy's friends (provided you know who he is and how to get a hold of him). Also, until you get medical treatment for injuries sustained, this is likely to be considered a misdemeanor and thus a low priority for investigation and prosecution.

    You also have to be aware that police and prosecutors don't expend a great deal of effort on bar fights as usually all the parties (victims, suspects, and bystanders) involved are drunk and make poor witnesses. It is also possible that both of you will be prosecuted for fighting in public.

    So, you can call the police and see what comes out of their investigation (if anything). You can also get treated and then sue the other guy in small claims court for your medical bills. If you have insurance, your insurer can sue him.

    You have no really beneficial solution and no guaranteed answer to the problem.

    - Carl
  • 12-30-2006, 07:26 PM
    waronbros
    Re: Cheap Shot and my Broken Nose!
    thanks for that info.

    Does it count for both parties as fighting in public even though he was the only one to throw a punch. Or does verbal figthing count as well?

    This happened right outside of the building I live in and there were many witnesses other than my friends who saw it. And yes people were drinking. But it seems like no matter what the other guy's friends would stick up for him and tell an opposite story. Is there even any way to prove this? Is this even worth the time and effort and taking to court? I guess it depends on exactly how bad my injuries are.
  • 12-30-2006, 07:51 PM
    cdwjava
    Re: Cheap Shot and my Broken Nose!
    Quote:

    Quoting waronbros
    Does it count for both parties as fighting in public even though he was the only one to throw a punch. Or does verbal figthing count as well?

    It depends on the recollections of the numerous drunks who will talk to the police. His friends will likely say you swung on him, yours will say you didn't. But, maybe there will be neutral witnesses to verify your version and maybe the other guy will admit to never being attacked. there is no way to know unless you report it. But, as I said, it's a little late now to expect the police to get too involved. And it's not a felony until your injuries have been medically verified as something beyond a bruise and a bloody lip.

    Quote:

    seems like no matter what the other guy's friends would stick up for him and tell an opposite story. Is there even any way to prove this? Is this even worth the time and effort and taking to court? I guess it depends on exactly how bad my injuries are.
    The DA will decide if it goes to court - not you. After the police take the report, the DA will decide if the case can be proven in a criminal court. if there is a good chance of prevailing, then it might go to trial. I not, then it won't.

    - Carl
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