collecting punitive damages in small case of personal inujury

[tttt9erfan]

someone i barely new entered my home through and unlocked door, refused to leave, and bite me (severe bite). I went to the Dr. had xray, tet shot and took antibiotics for 10 days. Suffered infection and still have minor scarring. I obtained a restraining order and am suing her in small claims court. my actual cost are maybe a couple of hundred dollars. in this situation can i sue or ask for punitive damages for my injury? I have pictures and the pictures show the extent of the injury. people get a recation when they see the pics the bite was deep and tore the flesh away.

 

[dee_dub]

Punitive damages are typically only available where the defendant's act is so egregious the court needs to send a message to deter people from that kind of conduct. Compensatory damages alone must be insufficient before punitive damages are awarded.

Not that this is not egregious, but why not simply seek the full measure of compensatory damages? Put in a claim for your pain and suffering.

This also might not warrant punitive damages because this kind of behaviour can also be deterred by criminal prosecution. Did you press charges?

 

[tttt9erfan]

I couldn't believe the police didn't arrest her at the time. They said I had to do a citizen arrest. I believe she wasn't arrested because the police were under the impression that she and I had had some kind of "relationship" and that this was a domestic dispute. I didn't realize the police were making that assumption until after they left and another friend of mine that had come over had spoke to them outside. She said the police were thinking that the two of us women, the one who bit me an myself were, or had been "together". It never even dawned on me they were making that assumption. I called the DA's office and they said they would not prosecute the case. While I am not sure what constitutes compensary damages (I will look that up) that may be a better way to present my case than punitive damages? I am very familiar with small claims court but never with a situation like this one. That picture of the bite will help me in the sense that I would never be able to convey how bad the bite was without the pics. People cringe when they see the pics. She was literally spitting my flesh out of her mouth. She never let go of her bite on my wrist. I pulled my arm out of her clenched mouth and that is when she tore the flesh. It was one of the more painful things I have ever experienced and of course it got very infected...at the hospital they took xrays as they feared she may have broken off a tooth on my bone! My court case is tomorrow so I very much apprciate you reply and any other advice or ideas you can pass my way. Thanks again!

 

[dee_dub]

That's weird about the DA not prosecuting. You might try posting a question about that in one of the criminal forums.

As far as damages goes, there's two kinds of compensatory damages: general damages, and special damages.

Special damages are quantifiable monetary losses, e.g. out-of-pocket expenses like your medical bills. General damages are for pain and suffering, loss of enjoyment of life, disfigurement, etc. Not so easily quantifiable, but you're entitled to it all the same.

In small claims, you probably don't need to use this nomenclature. Just claim 1) your medical expenses, and 2) compensation for your pain and suffering and disfigurement.
Put some thought into it, see if you can find some case law where a plaintiff got bit that you can use for comparison.

Bring all your evidence with you about the severity of the bite, pictures, medical records, etc. It sounds pretty heinous and you'll need to impress the court with the just how painful it was.