Legal Question in Personal Injury in California
I ran into a neighbor's fence. I identified myself as "a neighbor" as he approached. It was pitch black outside with no street lights and just the lights from our cars. He kept approaching and then grabbed my arm and started pulling me toward his vehicle. I broke his grip and started taking steps backwards. He pepper sprayed me, wrestled me to the ground, put me in a choke hold and called the police. I was taken to the ER in an ambulance with the police. Even though I was complaining of extreme back pain they diagnosed my injury as a minor hip contusion. I was released to the police and charged with DUI and hit and run. The next morning I went back to the same hospital/ER and they found cracked vertebrae. I've been off work now for 6 weeks and I am self employed.
Do I have any recourse against my neighbor or anyone?
2 Answers from Attorneys
You certainly have the basis for a law suit against the neighbor for assault and battery, etc. His behavior was excessive, there was no reason to use pepperspray [does he have a permit to use it], a true choke hold is banned by most police departments. But apparently the police had a basis for feeling you were drunk and drunks often do not present accurate statements of what actually happened. The hospital misdiagnosed you but that did not seem to cause you any damages. The police appear t have acted correctly. Remember any claim agailnst a governmental entity [the police and perhaps the hospital] must be filed within 6 months.
You need to go to a local attorney who specializes in personal injury cases.
I agree with George in that your neighbor's conduct seems inappropriate and it looks like he used excessive force which would mean that he battered you and therefore is responsible for your damages, that is if your side of the story holds up. Forget about suing the police and hospital as the neighbor is responsible for your injuries and any potential medical malpractice that the hospital may have committed.
You should get a copy of the police report and see what it says and go an experienced personal injury attorney like ourselves for a free consult to see if you have a case. Even if you were drunk he probably shouldn't have beaten you up.
You can call us at (866) 981-1850 or go to our website at bellilawfirm.com for a free consultation once you get the police report.
By the way did they press charges on the dunk driving incident that lead to this? If they did don�t file any civil action until the criminal action is over with.
Good luck and hope this helps.
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