Opinions... Do you think I have a case?

[Crazier]

On Sunday night I went to a club for a bachelor party. We were in the club for about 15 minutes when we decided to go upstairs.
I was the last one to go up. My friend in front of me got into an argument with the bouncer. Told him to fuck off and walked upstairs. I went next. All of a sudden I was jerked from the collar of my jacket, I turn around and the bouncer says 'You need a bracelet to go upstairs.' I had one, I showed it to him, and he asks for my I.D. I show it to him, while I ask what the fuck his problem is. Dickhead was obviously having a bad night. We start arguing. He calls two of his friends over, that do not work for the club. "Let's beat the shit out of this guy." The 3 of them grab me, we start wrestling, I am trying to prevent going to the side of the stairs, which is where they were trying to push me to so no one could see. Bam, we start fighting. I get in a few good ones, but to no effect. Next thing I'm on the ground, getting kicked by these 3 guys. Once they feel they plummeled me enough, they all 3 seperated, and disappeared. I get up off the ground, going damn, that sucked. Aching, I help myself to another drink.

Now, I don't have a problem getting beat up in a one on one fight... I'd let it go... but the following is what pisses me off.

1. $250 black leather jacket I bought last week was ripped, bad.
2. While the black eye will heal, I'm starting to seriously think that my collar bone is broken. There's a hard lump, obviously a bone, swollen out of my skin, can barely move the fucker anymore.
3. It was the bouncer of this club, who never asked me to leave, who had his friends and him hide behind a stairwell and kick the shit out of me like a couple of pussies.

The day after I went to report it, basicly because my jacket. I didn't think my collar bone was broke at the time, just sore from being kicked.

I'm going to the Dr. probably on Monday or Tuesday to check out the bone. Before I endure the costs of all that shit... Do I have a case? Even if the bouncer says I, or my friends, were assholes, do they have the legal right to do this?
--

 

[uNOwho]

i would consult a lawyer and ask him what he thinks your options are. i personally think you have a case if not against the bouncer then definitely against the club for allowing this type of activity to take place without a bouncer or another authority stepping in. All the clubs I have been to that had fights have always been stopped by bouncers and the people were thrown outside to finish it in front of the cops.

I'd call a lawyer and go see a doctor, because what you described is indeed a broken collar bone.

~p~

 

[ZenMachine]

My initial thought is it is going to be mutual combat. Going to be difficult to prove that you didn't start to the conflict. Basically your word against a group of others.

I could be wrong, but that is how I see it.

Zen

 

[ZenMachine]

I hadn't even thought of going after the club until after I finished the last post.

That may be your best course of action. There shouldn't have been any reason to use a level of force sufficient to break your collar bone. Perhaps someone who is a bouncer can give you better insight on that however.

Zen

 

[Crazier]

Bump for some bouncers or lawyers!!!
--

 

[Crazier]

A little more research... I don't think it's a broken collar bone... this sounds much more accurate. Shoulder Separation.


What Is a Shoulder Separation?
A shoulder separation occurs where the collarbone (clavicle) meets the shoulder blade (scapula). When ligaments that hold the joint together are partially or completely torn, the outer end of the clavicle may slip out of place, preventing it from properly meeting the scapula. Most often the injury is caused by a blow to the shoulder or by falling on an outstretched hand.

What Are the Signs of a Shoulder Separation and How Is It Diagnosed?
Both shoulder pain or tenderness and, occasionally, a bump in the middle of the top of the shoulder (over the AC joint), are signs that a separation may have occurred. Sometimes the severity of a separation can be detected by taking x rays while the patient holds a light weight that pulls on the muscles, making a separation more pronounced.

How Is a Shoulder Separation Treated?
A shoulder separation is usually treated conservatively by rest and wearing a sling. Soon after injury, an ice bag may be applied to relieve pain and swelling. After a period of rest, a therapist helps the patient perform exercises that put the shoulder through its range of motion. Most shoulder separations heal within 2 or 3 months without further intervention. However, if ligaments are severely torn, surgical repair may be required to hold the clavicle in place. A doctor may wait to see if conservative treatment works before deciding whether surgery is required.
--

 

[uNOwho]

you can also tell if it's seperated by holding a light weight and cautiously feeling the area where the joint is.

my vote still goes to consult a lawyer about going after the club.

good luck with it....

~p~

 

[OMEGA]

You need a witnesses or 2,

otherwise, you can try to make his life difficult by forcing him to expend money on legal consultation when you try to press charges, but the flip side is that you will spend cash too.

personally I would handle it in a very covert way with maybe one close freind, and take the guy by suprise

restrain him, take his clothes off, duct tape his feet and hands,


and throw him out the backside of my truck in the middle of nowhere, but that is just me

 

[OMEGA]

actually if the bouncer admits to the fight, you may have a case against the club

 

[manny78]

you definitely have a case. Courts here in Canada have been known to be very strict against what they called "fake securities". Beating someone is 1- a criminal offence, and 2- a civil fault. Unfortunately that bouncer was probably a wannabe. A real and serious bouncer would never do this. I know its his word aginst yours but most bouncers are low minded, and judges dont really appreciate non-educated people. Believe me bro, I had to deal with judges twice in my life for a client and the guy on the other side was some ghetto asshole. case was so easy.

BTW next time you go there. Bring a Taser and then stick it on his nuts and pull the trigger..... believe me this is gonna be fun lol

 

[Crazier]

BTW next time you go there. Bring a Taser and then stick it on his nuts and pull the trigger..... believe me this is gonna be fun lol

One way or another... I'm gonna get this pussy. If I can't get money, then I'm going to issue this bitch some pain. The taser on the ball sack is a sure way of doing it, and getting away quickly before being caught. Damn... good call. If the lawyer doesn't work out, this bitch is gettin' ball tazed!!!
--

 

[manny78]

One way or another... I'm gonna get this pussy. If I can't get money, then I'm going to issue this bitch some pain. The taser on the ball sack is a sure way of doing it, and getting away quickly before being caught. Damn... good call. If the lawyer doesn't work out, this bitch is gettin' ball tazed!!!
--

ehehe bro if someone gets tazed believe me he wont be able to move for at least 5 minutes. This shit is crazy. Good luck

http://www.taser.com/

 

[MattTheSkywalker]

You definitely have a claim against the club. The bouncer, as an employee of said club will be difficult to pursue, unless the owner is paying him off the books.

what will work against you, although only minimally, is that you didn't immediately seek treatemnt. Go and seek treatment RIGHT NOW, and get your injuries documented. Tell the doctor you didn;t think it was that bad at first.

Want to avoid legal fees? You may be able to.

Do you have a full time job? Tell your boss you got attacked and can't work. Get a doctor to document this. Your employer will file a worker's comp claim. You'll receive 60% of your pay for the time you are medically disabled from work.

Then, retain an attorney and file a "pain and suffering" claim. This is where it gets hairy.

Your employer's worker's comp insurance carrier will attach a lien to any settlement you may receive. They are entitled to recover any monies they paid out as worker's comp payments (wages and medical bills). This is called subrogation.

Whatever is left over, minus attorney fees, is yours to keep. You may not end up with a pile of cash, but you won't anyway. Your injuries are not that bad.

This WILL have two very profound effects, though.

1. I mentioned recovery above. Your employer's work comp insurance carrier will be recovering from the club owner's insurance carrier.

1a. You will have no legal bills unless you recover funds.

2. The club ownder;s insurance premiums will go way up, meaning every time he pays them, he can think about you. You can punish him for the rest of his life.


If you do this I want 1% of your settlement.

Matt

 

[Crazier]

Damn Matt... thanks for the advice man! I do have a full time job, it was actually my boss that brought shoulder seperation to my attention. He patted me on the shoulder this morning and watched me squirm in pain. He took a look at it, and had the same thing happen to him in a skiing accident.

1. I'm going to the doc.
2. I'm going to a lawyer, in hopes of going after the club itself.
3. I want time off work.

Basicly, I want my $$$ for my jacket, and whatever it costs for my shoulder to get fixed... If the club's owner is an asshole about it though... that would change and the pain and suffering line will come into play... and I'd go for every penny I could.
--

 

[MattTheSkywalker]

Crazier,

Now that I have your attention, a quick point:

You'll have to prove that the inury occurred in teh course and scope of employment. That'll be tough.

The best course of action is porbably to "get hurt" at work, and say that the work - related injury was an aggravation of the original injury.

This allows you to bring the first injury into question regarding liability. You'll want to establish that the work related injury would have never happened without the first one.


This has three effects:

1. Causes the club owner to spend bucks, while you don't, unless you win.

2. May increase his insurance premiums.

3. Puts you in the situation of having a number of parties fighting over who should pay you.