Asked 10/18/2011
|
Does anyone know of any personnel injury lawsuits settled in nj. I'm about to settle a lawsuit agianst a casino my husband and I were beat up in. A man approached me flirting alot and drunk. My husband told him I was his wife, But, the man replied yea! I's like to take you outside and f--k you up. The man left only to come back with 5 of drunk buddies and 3 of them hit my husband in the back of the head with beer bottles threw him to the marble floor knocking him out causing a brain injury. I have no idea what will happen. The 6 men are claiming we attacked them when they were leaving, which is rediculous considering I'm 5'4 110 ibs and my husband who is 6ft and was only about 160lbs due to the form of chemo he had just stpped taking 2 days before. He was weak pale etc. We were actually celabrating that this round of medication could have saved my husband. Update the meds did not work stress from this incedent could have reversed the meds. If anyone has any imput for me and know the legal system please answer. We go to mediation tommorow. I wish I found this site earlier! thank, believe777 |
Answer 1/2 - Submitted 10/18/2011
This sounds like a horrid attack. I hope you were able to obtain a police report and have identified some witnesses. I am not an attorney, but I sincerely hope you are not even considering defending yourself in this case.
You need to contact a personal injury attorney in your own jurisdiction immediately; before you attend this meeting. A Personal Injury Attorney specializes in such cases. They almost always will meet with you at no cost to review your case. After they review your case, they will make a determination of whether they will take your case. If they accept, they almost always work on a contingency basis. This means they do not charge you for their service in advance.
Instead, they agree to accept a percentage of your settlement amount. In most cases, they will accept 30% if they can win a settlement before going to court, or 40% if they have to argue the case in court. That may sound like a lot, but it could make a huge difference in the end results of your case. They earn it. Don't ignore that level of expertise in your legal defense.
Contact your state bar for a recommendation of a personal injury attorney in your area. Do it now. If they have enough time, they may be able to request a delay in your hearing so they can have time to review your case.
Answer 2/2 - Submitted 10/18/2011
You have a tremendous amount to recover from the casino for not having sufficient security personnel to deal with this situation.
All the effects of the attack that you mentioned are very relevant. This could have lasting mental and physical effects on both you and your husband for the rest of your lives.
The settlement amount has to take into account continuing medical and psychiatric counseling for many years to come. Years from now, Medicare can not be relied on for covering all those expenses. Major med plans are expensive.
In assault and battery cases it's well-known in the courts that the assailants take their victim "as they find him," meaning that your husband's specially vulnerable condition due to cancer, even if unknown to the attackers, still was aggravated by the attack and made the effects of the attack much worse than for a normal healthy victim.
That's no excuse in law, that they didn't know he was weakened from cancer and chemo. They are still liable (and the casino also) for the full extent of the injuries, even the ones specially connected to your husband's particular vulnerability due to his cancer and chemo treatments.
Based on recent settlement figures in New Jersey, ranging from 20 million (suit against the government for police killing citizen) to $500,000 (auto accident cases) a rough estimate in your case would be between one and two million dollars.
It's going to depend on medical testimony of the effects of the assault, your husband's life expectancy, the extent of continued care required for the remainder of his life, psychiatric testimony and medical testimony regarding your injuries, the foreseeable nature of the attack considering the circumstances observed by casino personnel, and all the many surrounding circumstances and proofs involved.
Type your Answer in the box below and post your answer.
6 yr old had a head injury @5 months ago ever since he has head aches with nausa and vomiting at least 2x a week he did not do this before he is beganing to lose his appertite
My daughter hit her head on a hard wood floor on monday night. do you think she has serious injury since its friday night? do i take her to hslpital she has a headache .
What is the best haspital in broward county florida for the treatment of head injury due to accident?
|
6 yr old had a head injury @5 months ago ever since he has head aches with nausa and vomiting... |
|
My daughter hit her head on a hard wood floor on monday night. do you think she has serious... |
|
Best hospital in broward county florida for head injury? What is the best haspital in broward county florida for the treatment of head injury due to... |
|
If you fall and hit your head andit leave a knot and you throw up |
|
Should i b seen in the er after getting hit on the top of my head at full force with hood... |
|
After an head injury 8 years passed should there still be pain? I had an head injury 8 years ago and was told i suffer cerebral spinal fluid as well and had... |
See more Head Injury questions

Ask A Question
Ask a new question about
Head Injury: