1

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?

1
  • Nevada .........
    – user32263
    Commented Jul 4, 2020 at 2:44

1 Answer 1

5

Yes

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.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .