Legal Question in Personal Injury in North Carolina

I live in NJ & was bit by a drunk human in NC

my question is i was treated at the hospital for a human bite by an inactive reserve marine. i filed charges, he was arrested. i don't have many details, as i am back in NJ & he lives in NC. we were at a private 21st birthday party (for my son's college roomate). I was invited, some parents were there. a fight among the kids broke out in the limo & somehow this 22 yr old man bit my hand badly. of course now no one claims to have seen it, expect for my son and of course myself. how do i proceed? can i sue the parents of the 21 yr old kid who threw the party & fed these kids over the limit alcohol? can i at least write a letter of demand for my losses? or do i need to just follow thru w/the charges on the man who bit me?

sincerely, sally


Asked on 6/30/07, 1:11 pm

2 Answers from Attorneys

Daniel Cevallos Cevallos & Wong, LLP

Re: I live in NJ & was bit by a drunk human in NC

Based on the facts as you have related them, it sounds very much like you have a claim against the individual who bit you. You also likely have a claim for negligence or a dram shop claim against the parents or whomever threw the party. You will need a local attorney, but you will also need a NC attorney to handle the matters down there (including filing the complaint). I actually work directly with an NC attorney myself (and a military man, too, so he will be able to navigate any military elements). Feel free to call our offices as soon as possible to preserve your claim. Your involvement would be minimal, too. Once you sign up, we attorneys would handle a lot of it.

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Answered on 6/30/07, 1:27 pm
John Kirby Law Offices of John M. Kirby

Re: I live in NJ & was bit by a drunk human in NC

Your best claim is against the biter. It would appear that he bit you intentionally (although he may have intended to bite someone else). As such, his biting is probably not covered by an insurance policy, and your recovery would be limited to his personal assets. It is not clear how much damages you have, beyond the medical bills. As for suing the persons who hosted the party, that suit is probably not very strong. It is not very foreseeable that an intoxicated person will bite another person, especially in the context of a person who legally can consume alcohol. There is no true "dram shop" action in any event, but you could strain to make a weak case against the party hosts. If you have any permanent injury, then you probably want to consult an attorney.

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Answered on 6/30/07, 11:51 pm


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