Legal Question in Personal Injury in Texas

Assault with a deadly weapon felony

I was assaulted in a bar with a beer bottle to the head. The guy was arrested and charged with assault with a deadly weapon, a felony in TX. He wants to settle out of court so it doesn't go on his record. Do I continue pressing charges and then file a civil suit or do I just settle out of court? What sort of gain could I expect from either option?


Asked on 12/29/07, 4:27 am

1 Answer from Attorneys

Re: Assault with a deadly weapon felony

There are two different things going on here. The first is a criminal case against the person who hit you. What happens there is a person is prosecuted through the criminal court system by the district attorney's office. The result, if he is convicted, would be fines, jail, or probation, etc.

There is an independent cause of action that you can pursue in civil court. The result, if you win, is money damages. Even though both actions arise from the same event (your getting hit), they are separate matters, done through separate court systems.

I can't gage what your claim is worth without knowing more information. I've handled a similar beer bottle bashing case in the past, and I can tell you that your damages depend on the medical bills, any type of pain and suffering, physical impairment, etc. Also, there may be an action against the bar depending on several circumstances.

In most cases, you can review your case with a personal injury attorney for free, and most personal injury attorneys will not charge you unless they collect for you. I strongly recommend your not doing this by yourself.

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Answered on 12/29/07, 10:25 am


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