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Victim of assault w/ deadly weapon

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adwvictim

Junior Member
What is the name of your state (only U.S. law)? Incident occurred in California

First of all this is the first time I have posted on this forum and I hope that I am in the correct section. Thanks in advance for your help and advice.

On 3/10/12 I was the victim of an assault with a deadly weapon:
245 (A)(1)-PC-ADW:NOT FIREARM:GBI LIKELY (F)

The injuries I incurred were as follows:
-Two facial lacerations requiring stitches. (4 above left eye, 3 below left eye)
-Three broken teeth
-Fractured cheek bone not requiring surgery
-Unconsciousness
-Several minor cuts/bruises

The incident: Approximately 1:00am 3/10/12
I was on an amtrak train when I found myself in a verbal confrontation with two individuals. We were asked to depart the train at the next stop. After exiting the train I was assaulted by three individuals using skateboards. A witness saw the attackers standing over me unconscious on the ground, told them to stop, and called 911. Police and Ambulance arrived on scene. I was Transported to ER via ambulance for treatment. Police attempted to interview me on scene but I passed out mid-interview and was unresponsive to paramedics painful stimuli.

The attackers were not found. The witness did not see the attack occur nor did he leave his contact information. Judging by the police report only his name is known.

Police found a cell phone next to my body which is believed to have belonged to one of the attackers. The detective assigned to the case is looking into the cell phone for information as well as looking at surveillance video at the train station.

Additional information:
I was intoxicated at the time and my memory of the incident is almost non-existent. I don't recall getting off the train, or being in the ER.

I do recall the beginning of the verbal argument and I do know exactly how to find one of the two individuals who were involved in that verbal confrontation. I do not know his name, nor could I describe much about him but I can identify him in a lineup without a doubt.

I was told by the detective that is assigned to the case that due to my lack of memory it will be extremely hard to produce enough evidence to identify/prosecute any involved.

I have incurred thousands of dollars in medical bills which were not covered by my insurance as well as thousands of dollars in lost wages due to my inability to work. I am more concerned with having my expenses reimbursed than anything else.

I have never found myself in a situation like this before so ANY advice would be very appreciated.

My questions:

What kind of lawyer do I need to speak with? Personal injury?

Do I need to hire an investigator? Is it worth the gamble?

Do I have any other courses of action other than the aggressors?

I know I have more questions but at this time in drawing a blank. Again, any advice would be a huge help.

Thanks again
RTWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
Why didn't your insurance cover the bills? Or did they cover it but you have a deductible or coinsurance responsibility?

At any rate, your best bet is to locate a local victim's assistance organization. There's no point in filing a lawsuit against an unidentified assailant.
 

adwvictim

Junior Member
The majority of my bills were due to the serious dental work I have had done which my insurance only covered a portion of.

I will hopefully file a claim with the victim compensation fund today. In regards to filing a claim is there anything I should know beforehand?

Thanks
adwvictim
 

Adam G

Member
+1 on there being no point to suing unidentified assailants. Amtrak has deep pockets but its liability is unclear and the damages minimal.
 

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