Legal Question in Personal Injury in Maryland
last night at a bad a drunk guy threw a bottle it hit the wall, and a piece of it ending up cutting my BF's arm. the police put the guy in a car and sent him home, telling us it was a civil issue we need to deal with so no reports were taken and not information was givin to us. my bf had to go to the ER and get stiches, is it true that no police report should have been filed and we have to deal with the civil courts? the hospital costs will be up and he has no health insurence.
2 Answers from Attorneys
Police officers are given a lot of discretion whether to arrest, report, etc, so there's no reason to try to start a crusade against the cops. They actually may have done you a favor by not arresting the guy -- if he's in jail, he can't pay you back for the hospital bills, right?
This is a civil matter to be handled by the civil court system. However, just because a police report wasn't written up, doesn't mean that the incident didn't happen. I'm hoping you were able to obtain the name and address of the offender and the name/badge numbers of the reporting police officers? A Maryland Plaintiff's attorney may be able to help you file a civil lawsuit against the offender in an effort to recover your medical expenses, pain and suffering, work loss, etc. As part of such lawsuit, your attorney can subpoena the offender as well as the responding police officers to give testimony (either through a deposition or at trial) about the events of that night. You can also call any other witnesses who were present.
If the police didn't take the time to file a simple report, did they at least provide you with the name and address of the person who caused the injuries? Also, there may be issues relating to liability of third parties. Were you outside or in a bar/restaurant? If you were in a bar/restaurant, you may also be able to bring an action against the establishment.
In any event, in addition to having an office in Baltimore, I also practice in Montgomery County and other counties in the DC/Metro area. I have meeting space access in Rockville and DC. In addition, I have experience in handling these type claims.
If you want to discuss this further, please call me at (301)678-3725 or (202)294-0435.
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