Although you are legally entitled to compensation if you are injured in a bar fight, getting your hands on the compensation money won't be easy. You are likely to face several challenges, such as these three:
The Defendant May Not Have Insurance Coverage
Insurance is the primary source of money for settling injury claims. If the party liable for your injuries doesn't have adequate insurance, you will have to go for their personal finances. Without insurance or personal assets, it may be worthless to sue the person. Unfortunately, those who engage in barroom fights often lack adequate liability insurance.
If that is the case with your situation, consider whether the bar was also liable for your injuries and then go after it since it's likely to be insured. For example, the bar may be liable for your injuries if it did not have adequate security personnel, and you can prove that their absence contributed to your injuries.
You May Have Difficulties with Witnesses or Evidence
Being drunk (which is usually the case with those who fight in bars) may impair your judgment and complicate your case. If you are drunk, you may fail to notice the seriousness of your injuries and shrug it off as just as an unfortunate happenstance. This is likely to be the case if your injuries aren't life threatening. You may only realize the real extent of your injuries when you wake up sober in the morning.
Unfortunately, the evidence (such as blood on the dance floor and broken chairs) may have been lost by this time. Even the witnesses may be difficult to locate by this time. That will make your case difficult (but not impossible) to prove.
You Are Likely To Have Contributed To Your Injuries
It's possible to be hurt in a bar brawl even if you are a truly innocent bystander. For example, a carelessly thrown bottle can give you a nasty cut on the case. In most cases, however, those who get seriously hurt are those who get actively involved in the fights. Unfortunately, those who get actively involved in such fights sometimes cause or contribute to their injuries. In fact, if you are dealing with the defendant's insurance adjuster, they will be on the lookout for signs that you contributed to your own injuries. For example, you will be deemed to have contributed to the injuries if you admit to being drunk and insulting to the person you were fighting with.
Do you want to face such a complex case without an attorney's input? Do yourself a favor and get an injury lawyer as soon as possible.Share