suing assailant for medical bills

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Latest post 05-22-2007 2:35 PM by kimii. 17 replies.
  • 05-19-2007 2:57 PM

    • kimii
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    • Joined on 02-28-2005
    • Posts 45

    suing assailant for medical bills

    In February 2006 I was assaulted by my fiancees mother , the assault included being struck in the head with a frying pan which resulted in knocking me to the floor and my back being severely injured. The police were called to the scene as was an ambulance (fortunately my fiancee was there- so he took me to the hospital instead of the ambulance, which would have been more money).
    She was arrested and charged with simple assault and harrassment, however I was nice and dropped the charges. I recieved my bill from the hospital I went to the night of the assault and it was a whooping $762.00 ,I can honestly say I about fell out of my chair because I DID NOT receieve $762 worth of medical treatment, in fact the emergency room Dr. On duty that night merely asked me a few questions , I receieved a shot of Tordol ( an anti-inflamitory) and was sent home. No x-rays, no exam - nothing. The next day I made an appointment with my family dr. and again receievd a bill for $89.00 , the day after that I went to my local emergency room (the assault happened in another county- so the first hospital I went to was in that county) because I was still in severe pain and could barely walk, in fact I was like this for approximately 1-2 months, I couldn't walk up or down steps could not lift my then 15 month old daughter which was extremely difficult because we lived in a two story townhouse . I again received another bill from this hospital for $219 . My medical bills for this assault total $1070.00 Give or take a few $. Not to mention approximately $140 I spent on prescription painkillers . I would like to know how I go about suing her in small claims court for these medical bills and the money I spent on prescriptions. Also can I sue her for pain and suffering? I was not employed so I know that I can't sue her for lost wages. However do I have any grounds to sue her for anything , and does it cost money to do this? I've never done anything like this before and I would like some advice before I decide to proceed with it.
  • 05-19-2007 3:32 PM In reply to

    re: suing assailant for medical bills

    You can sue her in small claims court. The procedures vary from State to state and - despite the instructions in the site rules that you do so - you didn't enter your State so, all we can tell you is to search online for your own States procedures.

    Some states allow for a pain and suffering claim in small claims court when it's for an intentional tort, some don't.

    Richard
  • 05-19-2007 4:45 PM In reply to

    • kimii
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    • Posts 45

    Feedback [*=*] re: suing assailant for medical bills

    the state was PA,, sorry I forgot to mention that.
  • 05-19-2007 5:50 PM In reply to

    re: suing assailant for medical bills

    Here's Phila small claims court info:

    http://courts.phila.gov/pdf/brochures/small-claims-court.pdf

    If you aren't in Phila, you can get the same info from your local court.

    I would seriously consider calling the prosecutor and seeing if they'll reinstate the charges.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-19-2007 8:19 PM In reply to

    • kimii
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    • Joined on 02-28-2005
    • Posts 45

    Question [=?] re: suing assailant for medical bills

    This happened in blair county. pa. In feb 2006.. can I still have the charges reinstated?
  • 05-19-2007 10:35 PM In reply to

    re: suing assailant for medical bills

    Beats me.

    That's why I suggested you call and find out.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-20-2007 9:56 AM In reply to

    re: suing assailant for medical bills

    Highly unlikely. The court system is not a tool for you to use for revenge. You had your chance to co-operate with the authorities in the criminal matter - you generally don;t gt a second chance.
  • 05-20-2007 1:53 PM In reply to

    • kimii
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    • Joined on 02-28-2005
    • Posts 45

    Question [=?] re: suing assailant for medical bills

    My question was pertaining to the medical bills , I am fully aware that I cannot press charges again nor do I plan on doing so, Adjuster Jack is the one that made the suggestion about having charges reinstated not I. All I want to know is if I can sue her for the $1070 worth of dr and hospital bills and the money I spent on prescriptions and if at all pain in suffering because as I stated in my previous post I was in severe pain for appr. 2 months , could not walk up and down stairs and it also interfered with my ability to care for my then 15 month old daughter, who's father did have to miss work in order to drive me to the dr and hospital so therefore he lost time and hours and money on his check. So if anyone can answer my question I would appreciate it.. thank you
  • 05-20-2007 4:05 PM In reply to

    re: suing assailant for medical bills

    Yes, you can sue.

    I guess posting a link to a small claims website didn't quite make that point for you.

    Plus, I still think it's worth a phone call to see if the charges can get reinstated. You won't know until you ask.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-20-2007 4:37 PM In reply to

    • kimii
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    • Joined on 02-28-2005
    • Posts 45

    Note [#=#] re: suing assailant for medical bills

    sorry I wasn't sure what board I should have posted this question to, my mistake. I'm not worried about having the charges reinstated cause personally I don't want to have to go through the hassle plus me and my assailant have a good relationship now ( as she is my fiancee's mother ) and at the time of the attack she was under the influence of alcohol so I don't hold her completely accountable for her actions at the time. She has apologized on numerous occassions and I have forgiven her, however I still feel she should be held accountable for my medical bills but I'm not sure If Thats a can of worms I want to open up. Guess I'm kind of stuck between what I should morally and ethically do. I would like to continue having a decent relationship with her as she will soon be my mother-in-law but I would also like to be compenstated (as would my fiancee for days that he missed work) for my medical bills , prescriptions and pain and suffering... Kinda stuck between a rock and a hard place on this one.
  • 05-20-2007 4:41 PM In reply to

    • kimii
    • Not Ranked
    • Joined on 02-28-2005
    • Posts 45

    Question [=?] re: suing assailant for medical bills

    this is no about revenge it is about being compenstated for $1070 in medical bills plus appr. $140 in prescriptions that I had to pay for out of my own pocket as a result of her attacking me.not to mention 2 months of severe back pain and my fiancee having to miss days of work in order to take me to the hospital and the doctors . Am I entitled to some sort of compensation for this if any?
  • 05-21-2007 10:39 AM In reply to

    re: suing assailant for medical bills

    "sorry I wasn't sure what board I should have posted this question to, my mistake."

    You're on the right board. There's just some side issues that you've mentioned.

    Basically, if you want to recover your money you will have to sue her in small claims court. So will your fiance, for his money, because you have no claim for anything he lost.

    "I'm not worried about having the charges reinstated cause personally I don't want to have to go through the hassle. Plus me and my assailant have a good relationship now (as she is my fiancee's mother)"

    Well, small claims court against your future mother-in-law is certainly going to be a hassle and will put a dent in that good relationship. Maybe you should give up on the money, too.

    and at the time of the attack she was under the influence of alcohol so I don't hold her completely accountable for her actions at the time. She has apologized on numerous occassions and I have forgiven her,"

    That's how battered women rationalize continuing to stay in an abusive relationship.

    You were the victim of a woman who chose to get drunk and commit violence. She is completely accountable for her actions and darn well should be.

    "however I still feel she should be held accountable for my medical bills but I'm not sure If Thats a can of worms I want to open up. Guess I'm kind of stuck between what I should morally and ethically do. I would like to continue having a decent relationship with her as she will soon be my mother-in-law but I would also like to be compenstated (as would my fiancee for days that he missed work) for my medical bills , prescriptions and pain and suffering... Kinda stuck between a rock and a hard place on this one."

    Only because you put yourself there.

    Nobody here can tell you what to do. It's your choice. All we can do is give opinions.

    It's not a matter of if this woman will drink again and get violent, it's a matter of when. You may not be able to prevent the next event but you certainly should be compensated for the last one.

    It's up to you.
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-21-2007 4:17 PM In reply to

    Question [=?] If you now have a good relationship

    and don't want to mess that up, why not ask her to reimburse you for the bills?

    I can just about guarantee that suing her will cause bad feelings between you.
  • 05-21-2007 4:33 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,591

    re: suing assailant for medical bills

    You appear to have the makings of a winnable small claims suit for over $1000 in PA if you push the right buttons.

    .



  • 05-21-2007 8:03 PM In reply to

    • kimii
    • Not Ranked
    • Joined on 02-28-2005
    • Posts 45

    Feedback [*=*] re: suing assailant for medical bills

    Just what exactly are the right buttons? We both live in different counties from where the assault occured, her in allegheny and me in centre. The assault occured in Blair. Can I file in centre county? or Do I need to file in Blair since that is where the incident took place? Thanks
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