Someone attacks me. I punch them in self defense. During the punch I dislocate my shoulder.
Are there civil damages incurred when I injured myself in self defense and got a medical bill?
Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. It only takes a minute to sign up.Sign up to join this community
Assuming you were assaulted (with or without battery) and you suffered injury (physical or otherwise) during that assault you are entitled to damages. The injury has to flow from the assault but not necessarily from the assaulter. For example, if you fled across the road and were struck by a car you could sue your attacker.
Because assault is an intentional tort, it is not necessary for you to prove that actual financial loss was suffered - this is not negligence. The court can assess economic loss, non-economic loss and exemplary (punitive) damages.