Can I Sue If I’ve Been Injured in a Physical Confrontation?

No matter how hard you try, there’s always a possibility of getting into a physical altercation. When a fight breaks out, the chances of someone getting hurt increase dramatically, and injuries can range from minor bruises and black eyes to more serious brain injuries.

Can I Sue If I’ve Been Injured in a Physical Confrontation

If you’ve been through such a situation, you might be wondering if you can actually sue for the injuries you’ve sustained from the fight. Well, there are a couple of things to consider to know whether a physical confrontation allows you to sue:

Lawsuits Regardless of Criminal Charges

When someone gets hurt due to someone else’s intentional, negligent, or careless behavior, they may be eligible to seek compensation for their damages through a personal injury case. Even if no criminal charges have been brought against the responsible party, the injured person may still be able to pursue a civil suit to get the compensation they deserve.

Things to Consider Before Pursuing a Lawsuit for Fighting Injuries

However, even if criminal charges aren’t required for lawsuits to happen, not all injuries are worth suing for. Let’s talk about the factors you must consider before attempting to pursue a lawsuit over fighting injuries:

  • The Individual Responsible for Your Injuries

When you find yourself in a physical altercation with someone, it can be difficult to figure out who is responsible for the harm that you have suffered. 

  • The Seriousness of Your Injuries

It may not be wise to pursue legal action if your injuries did not warrant medical attention or cause any other harm, such as lost income. It may be more prudent to simply accept the situation and move on simply because the costs of a lawsuit may outweigh any rewards you may get.

  • The Individual Who Started the Confrontation

If you start a fight, it may be difficult to get compensation in court if the other person can prove that they were defending themselves.

  • The Evidence You Have

To successfully recover damages for any injury sustained during a fight, you must demonstrate that the other person (or people) involved was responsible for causing the injury. This can be done by gathering evidence such as witness statements or video footage of the altercation.

If you start a fight, it may be difficult to get compensation in court if the other person can prove that they were defending themselves.

Intentional Torts⁠

Injuries can be caused by a person’s intentional or reckless behavior. Intentional torts are when a person purposely does something to cause harm to another person, such as assault, battery, trespass, and false imprisonment. These acts are done with the intention of causing harm and are considered legal wrongdoings.

  • Assault and Battery

Assault is an action that occurs when someone attempts to cause harm to another person or makes them feel threatened or in imminent danger. Meanwhile, battery is a different type of offense that requires physical contact and usually occurs when someone touches another person in a harmful or offensive way without their consent. While the two are often mentioned together, they are two distinct offenses that can happen separately.

That being said, to be considered an assault or battery, a person must intend to do the act that causes the harm. This means that a person must intend to either touch someone else without their consent (in the case of a battery) or to threaten them with physical harm (in the case of an assault). It does not matter whether the person actually intended to cause harm, just that they intended to do the act that caused the harm.

  • Battery in Special Circumstances

In certain circumstances, a person can be held liable for battery if they touch another person without their permission. This could include medical procedures that are not an emergency, physical contact during sports, or physical contact during a domestic violence situation. In each case, the person responsible for the contact must not have obtained the consent of the other person before making contact. If the contact was made without consent, the person responsible could be held liable for battery.

  • Assault in Torts and Personal Injury Law

When it comes to torts and personal injury law, the term ‘assault’ is used to refer to an attempt or threat of violence rather than actual violence. This may come as a surprise to many people, as it is not the common understanding of the word ‘assault.’ However, in legal terms, an assault can refer to a threat of violence, such as brandishing a weapon at someone without making contact.

  • The Damages

In a civil case, a victim of an assault can take legal action to seek compensation (damages) for the harm they have suffered. This includes both physical and mental damage. A judge or jury will determine if the assault occurred and, if so, will decide how much money should be paid to the victim as a form of compensation for their injuries.


So, as you can see, the world of lawsuits and fighting injuries can be cloudy and complex sometimes, and it might not even be worth pursuing. As such, if you are really interested in obtaining the compensation you deserve for your fighting injuries, we always recommend reaching out to a personal injury lawyer for assistance. They’re well-versed in the area and can help you go through the process efficiently and successfully, obtaining the compensation that you deserve.

AK Law Firm offers a team of professional personal injury lawyers that are committed to helping individuals get the compensation they deserve, offering a no-win-no-charge guarantee. If you are looking for personal injury attorneys in Houston to help with your lawsuit, work with us today!

Car Accidents Laws

How Long Do Insurance Claims Take?

If you’ve never made an insurance claim before, you’re probably wondering how long it could take to settle your claim. So, how long do car insurance claims take, and what – if anything – can you do to expedite the process? We consider these questions and more below. 

What Is an Insurance Claim for Personal Injury?

You can make an insurance claim if you’re involved in an accident such as a car crash. The insurance claim covers losses such as medical bills, property damage, and out-of-pocket expenses. Depending on what happened, you could also be entitled to damages for anguish, pain and suffering, and diminished quality of life.

How Long Do Insurance Claims Take to Settle?

If you’ve been involved in an accident, you might be wondering “how long does an auto claim take” or something similar. Thankfully, there are statutory timeframes for how long insurers have to process your claim. Timeframes give you peace of mind and help to ensure that companies handle claims as efficiently as possible. 

  • When you file a claim with your own insurer, they have 15 days to acknowledge receipt of your claim and, where relevant, request further information. 
  • Once they receive the extra information they require, or once they’ve confirmed they’re processing your claim, they have a further 15 days to deny or accept your claim. 
  • If your case is more complex, this second deadline may be extended to 45 days. The insurer must notify you of this in writing, though, and they must explain why. 

Although these are the statutory timeframes, insurers don’t always keep to the schedule. It’s not unheard of for insurers to act in what’s called “bad faith” – let us briefly consider what this means.

What Does It Mean if an Insurer Acts in Bad Faith?

If an insurer acts in bad faith, it means they did not treat you – or your claim – fairly. For example, an insurer may be acting in bad faith if they don’t honor your insurance policy, fail to investigate the claim properly, or they misrepresent the type of cover you have. 

If you have concerns about whether your insurer is acting in bad faith, call AK Law Firm without delay.

How Long Does Insurance Have to Pay a Claim?

Two insurance agents examining a damaged white car and filing an insurance claims form

If the insurer agrees to pay your claim, this means that your claim is approved. Upon approval, they have five business days to make the payment. In the event that your claim stems from a natural disaster of some kind, the insurer has 15 business days to pay out on your claim.  

So, if you ask a question like “how long does a car insurance claim take to settle”, the answer could be somewhere around a month or two, on average. 

Sometimes, though, payment can take slightly longer. This could happen if there are multiple claimants involved or your case is particularly complex. If there’s a delay in processing your payment, then the insurer should explain the reasons for this and keep you updated. 

You should consult an attorney for help as you may be entitled to damages for the delay. 

What If the Insurance Company Denies My Claim?

It’s not uncommon for insurance companies to deny claims or to make you an unfair offer. AK Law Firm insurance claims attorneys can help at this stage, but in the meantime, here is how you might handle this situation.

  • Ensure that the company provides a written explanation for why they denied your claim. 
  • Check with your policy to confirm whether the insurer is denying your claim for an allegedly valid reason. 
  • Contact the claims department to request a more detailed explanation as to why your claim has been rejected. 

Our attorneys can handle these communications for you, so you can focus on moving on with your life rather than dealing with stressful insurance claims.   

What Can I Do to Speed Up the Claims Process?

Unfortunately, insurance claims won’t be resolved overnight. However, there are a few steps you can take to move your insurance claim along. 

  • Give a full account of your injuries, especially if they’re more complex. Include medical records if you can.
  • Provide as much evidence as possible – such as photographs and witness statements – to support your claim. 
  • If the insurer requests further paperwork from you, send the required documents promptly. 

Insurers have a certain length of time to accept or deny your claim. If it’s taking longer than expected, or they deny your claim, consult an accident attorney in Texas for advice.   

How Can Insurance Claims Attorneys Help?

Blue and white cars colliding behind a wooden gavel on a dark brown wooden table

Dealing with an insurance claim is stressful and sometimes fraught with emotions. It’s often a good idea to hire an attorney to support you from the outset – here’s why.  

  • We will carefully value your claim to ensure that you know what your case is worth. 
  • Our lawyers can advise if an offer is fair so you can either accept or reject it with confidence. 
  • We will ensure that you provide as much helpful evidence as you can to strengthen your claim.
  • Our team will stay in contact with the insurer, reducing the chances of them acting in bad faith.
  • If the insurer is acting in bad faith, we can help you claim any extra compensation you may be entitled to for the distress caused. 

If your claim is denied, or the insurer won’t make a fair offer, our team can take your case to court to fight for what you’re owed. It’s advisable to always consider hiring an attorney to review an offer before you accept it to determine if it’s fair. 

Hire an Insurance Claims Lawyer in Texas

Insurance claims can take a surprisingly long time to settle. The best way to resolve your claim as quickly as possible, and to get what you’re entitled to, is to hire an insurance claims lawyer. AK Law Firm attorneys have the experience and commitment to handle your case quickly and effectively. Call our law firm today to get the compensation you deserve.