Assault & Battery Broken Jaw

[keananjsmith]

Hi,

I was at a bar the weekend before St. Patrick's day and was not drinking. I was at the bar with a few friends and we had been there for about 10 minutes when out of nowhere a guy comes up and sucker punches me in the jaw. I never even got off the bar stool. I asked the guy what that was all about and he said it was for running my mouth. Come to find out, it was the husband of an ex-girlfriend of mine from over a decade ago. Now, I didn't even know they were there or run my mouth about anything. I pressed charges and the cops arrested him. This guy was on probation for weapons charges. The police asked me if I needed an ambulance which I declined. The next day my jaw was sore and I could barely eat. I just assumed it was sore. The Thursday after I decided to go to urgent care and get x-rays and found out it was broken. They referred me to a oral surgeon. I spent 3 grand to get my mouth wired shut for 2 weeks. When the doctor was going to cut the wires off, he did another x-ray and found that my jaw is actually broken in 2 places and said that he would normally leave it shut for 5 weeks or do surgery and plate and screw it. He cut the wires off because I needed them off for the weekend for some personal reasons. He has asked me to come back on Monday for another x-ray and I am afraid I am going to get wired shut again. I lost 15 pounds in the 2 weeks that it was wired together.

I have spoken to the arresting officer and he said that the guy will be charged with a felony now. I also spoke with an attorney and asked if I should sue, he suggested that I just speak to the prosecuting attorney. I am afraid that I may end up losing teeth due to the screws in my gums to wire my mouth shut. I want to make sure that this doesn't cost me anything... ever. What should I do? Should I file a law suit or just let the prosecuting attorney handle it?

Thanks for listening.

 

[army judge]

Hi,

I was at a bar the weekend before St. Patrick's day and was not drinking. I was at the bar with a few friends and we had been there for about 10 minutes when out of nowhere a guy comes up and sucker punches me in the jaw. I never even got off the bar stool. I asked the guy what that was all about and he said it was for running my mouth. Come to find out, it was the husband of an ex-girlfriend of mine from over a decade ago. Now, I didn't even know they were there or run my mouth about anything. I pressed charges and the cops arrested him. This guy was on probation for weapons charges. The police asked me if I needed an ambulance which I declined. The next day my jaw was sore and I could barely eat. I just assumed it was sore. The Thursday after I decided to go to urgent care and get x-rays and found out it was broken. They referred me to a oral surgeon. I spent 3 grand to get my mouth wired shut for 2 weeks. When the doctor was going to cut the wires off, he did another x-ray and found that my jaw is actually broken in 2 places and said that he would normally leave it shut for 5 weeks or do surgery and plate and screw it. He cut the wires off because I needed them off for the weekend for some personal reasons. He has asked me to come back on Monday for another x-ray and I am afraid I am going to get wired shut again. I lost 15 pounds in the 2 weeks that it was wired together.

I have spoken to the arresting officer and he said that the guy will be charged with a felony now. I also spoke with an attorney and asked if I should sue, he suggested that I just speak to the prosecuting attorney. I am afraid that I may end up losing teeth due to the screws in my gums to wire my mouth shut. I want to make sure that this doesn't cost me anything... ever. What should I do? Should I file a law suit or just let the prosecuting attorney handle it?

Thanks for listening.

Of course, you should file a lawsuit.
Do you think this bum has any assets?
If he doesn't, at least you can get a judgment against him in case he hits the lottery one day.
You probably can sue the bar (vicariously their insurer), too!
Your attorney will educate you about that additional defendant.



Now, here's the best news of the day for you!

The state of Missouri has a fund to reimburse some crime victims for certain financial losses. You may be eligible for benefits if:

* You are a victim of violent crime and suffered personal bodily injury;
* You are a relative who requires counseling to better assist a sexual assault victim with recovery;
* You are a spouse, child or other dependent of a victim who has died as a direct result of a crime, or you assumed financial obligations incurred as a result of the victim's death; or
* You are a Missouri resident who suffered personal injury in a state that does not have a crime victims' compensation program and the injury would be covered if the crime had occurred in Missouri.

ELIGIBILITY

To be eligible, you must have:

* Reported the incident within 48 hours to the proper law enforcement agency or had a good reason for delay;
* Filed the compensation claim within two years of the crime or discovery of the crime; and
* Incurred medical expenses and lost time from work, or incurred no medical bills but lost at least two weeks' wages. The rate of compensation is $40 a day or $200 a week.

COMPENSATION

Depending on the case, victims' compensation may be available for medical care, psychiatric treatment or other counseling, funeral expenses and wage loss reimbursement for the victim. Total recovery may not exceed $25,000.
FILING FOR CLAIMS

To get a claim application or more information, please contact:

Crime Victims' Compensation Program
P.O. Box 3001
Jefferson City, MO 65102
573-526-6006
800-347-6881

 

[mightymoose]

You can first speak with the prosecuting attorney and see what they may be able to do. If they don't handle the compensation to your satisfaction you can still file a civil suit, but doing so could cost you some up front expenses and a percetange of the awarded judgment.

 

[keananjsmith]

That is the best news of the day. I don't think the guy has any assets to speak of. To be honest with you, he has three kids and I would hate to take anything away from them. It's not their fault their Dad is a dirtbag. I just want to get my Dr. bills paid for and for him to maybe think twice before he does something like this again. I will check into the Missouri reimbursement that you mentioned. Thanks a lot.