Can I sue her insurance company or her property insurance
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Can I sue her insurance company or her property insurance
I was at my child’s home visiting her and her mother struck me with her vehicle
on purpose and i have sub-stained injuries and had to miss work also. I filed
charges against her with my local police department
Asked on October 20, 2016 under Personal Injury, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Assault and battery are both criminal and civil (lawsuit). The criminal and civil cases proceed independently of each other.
Assault is intentionally placing a person in reasonable apprehension of an immediate battery (physical contact) without consent or legal privilege.
Battery is the intentional harmful or offensive touching of the person of another without consent or legal privilege.
You can sue your child's mother for assault and battery for intentionally striking you with her car.
Your damages (monetary compensation you are seeking in your lawsuit) would include compensation for your medical bills, pain and suffering (an amount in addition to the medical bills based on the medical report(s)),and wage loss.
You can also seek punitive damages (a substantial amount) to punish her intentional, wrongful act.
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