Legal Question in Civil Litigation in Virginia
I am looking to see if I can or have claim for the injuries sustained as a result of unprovoked assault inside the a health club basketball Court by another health club member , The attack resulted in a broken Jaw and I was taken to the ER treated and released after scheduling a medical surgery to repair my jaw. The attacker was arrested by the Police and charged with malicious wounding. The cost of the medical bills and other special needs costs are swelling
- Can request the club insurance pay the medical bills
- Can we claim Pain and suffering
The attacker has no money or asset
2 Answers from Attorneys
Yes, start with your request to the club to have its insurer foot
at least your medical bills. But, should it decline (perhaps, on the ground that it cannot be held responsible for this kind of injury), then you may be looking at suing both the club as well as the club member who assaulted you for your medical as well as the damages for your pain and suffering.
(And, yes, you will need an attorney with appropriate experience in litigating
personal injury matters for this kind of a claim.)
What did the club do wrong? Your attacker was not an employee. The club almost certainly didn't ask you or any other perspective member to prove they're not nutters, or psychopaths, or capable of being bad actors, so they could deny such people membership to protect their other members.
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