Bodily Injury Claim

[nancy0929]

What do you think this case is worth? My husband was in n establishment and a huge out of control fight broke out. He was not involved but amidst the melee he tried to pull a person away from harm that was injured. As he bent over the instigator of the brawl cracked a beer bottle over my husband's head at least twice. He suffered from lacerations to his scalp, severe cervical strain, headaches, bleeding in his right ear, a possible central processing problem, titinitus, dysequalibrium, labyrinthine concussion, decreased hearing perception in the right ear, and serious emotional distress from the violent attack. The attacker was caught and got an 18 month jail sentence.
We want the establishment to assume liability as there was not adequate security personnel there to contain the fight and provide a reasonable measure of safety to the patrons. There was one man working but he was behind the bar. This is a place that should have a bouncer at all times on the floor. My husband's medical bills total $1930 and he is not treating with his doctors any longer. I think he should get around $10,000 but I am not a lawyer. The doctors (neurologist and ear specialist) thought his problems should resolve (hopefully) for the most part. They said they could do no more in treatment. Any advice on the worth of the case would be helpful. He does not have a lawyer and will be speaking to the insurance person very soon. Thanks!!

 

[I AM ALWAYS LIABLE]

My response:

We try to answer legal questions on this Board.

We don't do "estimates" on values of claims.

IAAL

 

[nancy0929]

more help please

Does it sound like my husband has a sound claim against the establishment regarding the injuries he sustained there? No one expects to get hit over the head with a beer bottle while inside an establishement (in this case, a Pub). He had nothing to do with the fight. He was in the middle of it trying to get away and he bent over to pull someone else away that was injured and bleeding. That is when the guy assaulted him with the beer bottle.

If the insurance adjuster says they don't feel liable but will offer a little something just to settle then my husband doesn't know if he needs to be firm or just take what they offer if liability (negligence) isn't there legally.

We feel as though the pub had a duty to provide a measure of protection to its patrons and they failed in that regard because there was only one guy on duty and he was behind the bar and could not contain the fight.
Thanks!