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Sucker Punched (need reply ASAP)

Discussion in 'Accidents, Injuries, Negligence' started by scootertrash, Feb 27, 2004.

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  1. scootertrash

    scootertrash Law Topic Starter New Member

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    Can anybody tell me if a homeowners policy covers a person (me) who was punched in the jaw(my back to homeowner) causing severe lacarations inside of cheeck of mouth,fracture at hinge of jaw.I pressed charges and know he'll be responsible for the bill but I have no med insurance and a'm suspose to go to the Mayo clinic.for more work to bedone(4 1/2 weeks now) but that ain't happening it's $375just for the 1st visit !! The insurance company is comming out Tue morrning 3/2/2004 to see about doing a claim. Since he didn't hit me "on accident" whats the chances of this going thru to American Family and getting compencated for this? need to know ASAP please. Thanks.
     
  2. NYClex

    NYClex New Member

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    try to explain a bit clearer what actually happened there. Where exactly were you, who punched whom, was it by accident, then describe why it was an accident
     
  3. scootertrash

    scootertrash Law Topic Starter New Member

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    I was asked to come to their house to play moderator while the husband got some personal things because he was leaving the wife. Both parties wanted me there because the husband gets violent and has beat on her before. I was downstairs in the kitchen, he went upstairs to get more stuff,started slaming things around,wife went upstairs,heard the wife say "leave me alone" "don't(his name)"and that's when I went upstaris. Got to top of stairs (he knew I was on my way up) where I could see him backing up and off his wife who he had just thrown down onto the matress of the bed. I went in and immediately positioned myself between him and the wife. He went to one of the dressers and grabbed a camera off the top and tried to snap it in half. Being unsuccessful at that he threw it on the floor and stomped on it once. Before he could stomp on the camera a second time I was in front of him with my arms on his shoulders and manipulated him away from the camera, about 3 feet back. This also created an escape path for the wife. Trying to talk him down to a reasonable level of thinking I turned around and went with my left hand to pick up the camera off the floor. The next thing I knew was that I was down on my knees and in a lot of pain from my right side of my face and bleeding from my mouth. At that time the wife was making her way out of the bedroom saying "I'm calling 911". He said "yea, call 'em bitch" and went downstairs. I followed. The wife was outside on a cell phone, the husband and myself were in the kitchen waiting for the cops. I was aplying a wet towel to my face,he was pacing about stating how sorry he was for hitting me and blah blah blah.... The cops came and wanted to call a ambulance for me and asked if I was going to press charges. Being from the "old school" way of life I said no but how long do I have to decide? The cops said 24 hrs. After everybody left, the wife and myself figured I was going to need a "couple" of stitches and drove up to the hospital and she called my wife to fill her in. After getting 9 stitches inside my mouth,8 to 10 x-rays and a catscan and not having med insurance, the dicission to press charges came easly to me. It' been 4 1/2 weeks, I still have a small hole in my mouth and the doc say's I need a specialist to look at my jaw, it's got a fracture up in the upper hinge area and they will decide to either leave it to try to heal on it's own or have to "screw a metal plate" on to it! So there ya have it, no accident,no punches thrown by the wife or myself and no court date as of yet. And also, the husband had said during a phone conversation to his wife that "he hit me before I had a chance to hit him." How's that for details? Thank's again. P.S. got a feeling my jaw ain't the only thing thats going to get screwed on this! Gotta love our justice system!!
     
  4. NYClex

    NYClex New Member

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    well, that's definitely not an "accident." I would not hope for the insurance to pay. You got yourself into a potentially dangerous situation. The injuries were not caused accidentially but, from what I read here, intentionally or at least recklessly. The insurance probably won't cover that.

    You have to sue the guy for battery.

    And now you know why cops are being told in the acadamy never ever to enter a house alone where there is a domestic violence situation going on. They always have to have backup, though they are armed and trained. Next time let the cops do the job and don't get into such a dangerous situation. Imagine what might have happened if they guy had had a gun.
     
  5. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    NYClex is on the right track. It certainly pays to look at this person's homeowner's insurance, which you'll probably get a chance to look at by suing the husband for battery. As was pointed out, you took a risk by going over there knowing that the chances were good that there could be some violence. This could reduce your coverage. You should press charges against this individual and you can always say that you were too woozy from the sucker punch to think clearly. But the longer you wait, the less chance you have of being taken seriously in every venue.

     

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