Is there a specific type of lawyer

[JakobOhio]

What is the name of your state? OH

I was in a bar setting when a drunken patron started harassing numerous people. He then grabbed a female in the group I was in. I ended up putting him in a headlock and dragged him away from our group. When I released him, he fell backwards and into a table.
Cops showed up and took him to jail for disorderly conduct and assault (grabbing the female in our group). The police never charged me and said what i did was self defense.

I was not drunk as I just arrived no more than 30 mins before and still had my first adult beverage in my hand

He is now suing me for medical bills and pain and suffering from hitting his head. I need a lawyer, but I am not sure if there is a specialized type of lawyer that I need. Is this something I need a lawyer for? and if so, what type do I need. Is there anything else I can use for my defense?

The amounts are not small claims. 25k for medical bills and 250k for pain and suffering.

 

[LdiJ]

What is the name of your state? OH

I was in a bar setting when a drunken patron started harassing numerous people. He then grabbed a female in the group I was in. I ended up putting him in a headlock and dragged him away from our group. When I released him, he fell backwards and into a table.
Cops showed up and took him to jail for disorderly conduct and assault (grabbing the female in our group). The police never charged me and said what i did was self defense.

I was not drunk as I just arrived no more than 30 mins before and still had my first adult beverage in my hand

He is now suing me for medical bills and pain and suffering from hitting his head. I need a lawyer, but I am not sure if there is a specialized type of lawyer that I need. Is this something I need a lawyer for? and if so, what type do I need. Is there anything else I can use for my defense?

The amounts are not small claims. 25k for medical bills and 250k for pain and suffering.

Do you own your own home? Sometimes homeowner's insurance will cover those sorts of liability issues. If so, its better if you let them handle the case.

Other than that, you will want an attorney that deals with civil liability cases.

 

[Taxing Matters]

Any civil litigation lawyer ought to be able to help you. There isn't a more particular type you need to be looking for.

 

[quincy]

The drunken patron's claim essentially rests on whether you were negligent in your handling of the barroom dispute and this negligence resulted in his injuries. A personal injury defense attorney could be helpful although speaking with your insurance agent as LdiJ suggests might be a good place to start.

 

[ALawyer]

Speaking to a lawyer first, makes sense. If you have Umbrella coverage (almost for sure) and possibly Homeowners or renters insurance you you may be covered, you'll want advice to know how to best frame the issue with your insurer. As LdiJ suggested, homeowners and renters coverage is where I'd look for my defense but as they typically exclude coverage for intentional misconduct on the part of the insured, the lawyer you speak to in advance will explain how best to frame the situation so that it is as clear as possible that your actions were necessary and appropriate defensive measures to address a threat the drunken oaf posed to you and others. (If the threat had passed by the time you made contact, and you were seeking to hold him accountable rather than restrain a continuing threat, that would be a different story.)

 

[adjusterjack]

The amounts are not small claims. 25k for medical bills and 250k for pain and suffering.

Immediately notify your homeowners or renters insurance company and provide a copy of the lawsuit to the claims department.

Yes, there is an exclusion in the policies for intentional acts or expected or intended injury.

However, "The Ohio Supreme Court has created an exception to the general rule that an insurer is not obligated to defend or indemnify an insured for injures resulting from the insured’s intentional acts in those situations when an insured acts in self-defense. Thompson, 23 Ohio St.3d 78; Bailey, 158 Ohio App.3d 382, 2004-Ohio-4392"

Read:

http://www.supremecourt.ohio.gov/rod/docs/pdf/7/2008/2008-Ohio-1540.pdf

In fact, not only do many other states follow a similar exception to the exclusion, many insurance companies have actually re-written the exclusion to contemplate the results of self defense.

Look for something like this in your own policy:

E. Coverage E - Personal Liability And Coverage
F - Medical Payments To Others
Coverages E and F do not apply to the following:
1. Expected Or Intended Injury
"Bodily injury" or "property damage" which is expected or intended by an "insured" even if the resulting "bodily injury" or "property damage":
a. Is of a different kind, quality or degree than initially expected or intended; or
b. Is sustained by a different person, entity, real or personal property, than initially expected or intended.
However, this Exclusion E.1. does not apply to "bodily injury" resulting from the use of reasonable force by an "insured" to protect persons or property;

Emphasis mine.

 

[quincy]

Ohio is, as a note, a comparative negligence state which means a percentage of fault for the injuries could be attributed to you, making you responsible for a portion of the drunken patron's medical expenses.

 

[LdiJ]

Ohio is, as a note, a comparative negligence state which means a percentage of fault for the injuries could be attributed to you, making you responsible for a portion of the drunken patron's medical expenses.

My argument would be that the guy fell, when I let him go, not because of anything I did, but because he was a drunken fool.

 

[quincy]

I think that could be a good argument. It could be better if polished a bit by an experienced attorney.

One problem I see is that, but for the actions of JakobOhio, the drunken patron would not have had injuries. Of course, then it can be argued that, but for the actions of the drunken patron, JakobOhio would not have had to take any action at all.

The fact that JakobOhio was not cited by the police works in Jakob's favor.

 

[adjusterjack]

One problem I see is that, but for the actions of JakobOhio, the drunken patron would not have had injuries. Of course, then it can be argued that, but for the actions of the drunken patron, JakobOhio would not have had to take any action at all.

One might also wonder what

grabbed a female

actually means.

A headlock might or might not have been appropriate use of force.

The fact that JakobOhio was not cited by the police works in Jakob's favor.

Not by much since the burden of proof in a civil matter is a lesser standard than in a criminal prosecution.

 

[quincy]

The police did not cite Jakob but cited the drunken patron with disorderly conduct and assault. That works in Jakob's favor.

Is that alone enough for Jakob to escape civil liability? Probably not. Witness testimony can be important.

Jakob needs an attorney to help him with his defense. The $250,000 for pain and suffering seems excessive given the facts as presented here but Jakob might find himself having to pay a percentage of the drunk's $25,000 medical expenses.

 

[JakobOhio]

Thank you for everyones answers. I am meeting with a lawyer today.
I do not own a home, but I do carry renters insurance. I will notify them today.

AdjusterJack - he came and drapped his arms around her neck from behind, like he was trying to hug her (hands very close to personal parts). I then came behind him and grabbed him with my arm around his neck and started moving backwards away from the group. Once we were 2 feet away, i released and stepped aside. He stood for a moment and then took 3 stumbling steps backwards and then fell over.

 

[Just Blue]

Thank you for everyones answers. I am meeting with a lawyer today.
I do not own a home, but I do carry renters insurance. I will notify them today.

AdjusterJack - he came and drapped his arms around her neck from behind, like he was trying to hug her (hands very close to personal parts). I then came behind him and grabbed him with my arm around his neck and started moving backwards away from the group. Once we were 2 feet away, i released and stepped aside. He stood for a moment and then took 3 stumbling steps backwards and then fell over.

Breasts. It's okay..you can say it.

 

[Zigner]

Thank you for everyones answers. I am meeting with a lawyer today.
I do not own a home, but I do carry renters insurance. I will notify them today.

AdjusterJack - he came and drapped his arms around her neck from behind, like he was trying to hug her (hands very close to personal parts). I then came behind him and grabbed him with my arm around his neck and started moving backwards away from the group. Once we were 2 feet away, i released and stepped aside. He stood for a moment and then took 3 stumbling steps backwards and then fell over.

Based on your description, it sounds like you shoved him away from you. I'm not saying that you did, but that's why you need professional assistance.

 

[quincy]

Thank you for everyones answers. I am meeting with a lawyer today.
I do not own a home, but I do carry renters insurance. I will notify them today.

AdjusterJack - he came and drapped his arms around her neck from behind, like he was trying to hug her (hands very close to personal parts). I then came behind him and grabbed him with my arm around his neck and started moving backwards away from the group. Once we were 2 feet away, i released and stepped aside. He stood for a moment and then took 3 stumbling steps backwards and then fell over.

I doubt your renters insurance will be of help to you but it is a place to start - and it is good that you are speaking with an attorney today.

Good luck.