Friend was injured while we were intoxicated and wants me to pay his medical bills

[zddoodah]

Can he sue for this?

Of course he can. Anyone can sue anyone for anything. Did you really think there might be a prohibition against suing?

Of course, the ability to sue has little to no correlation with the ability to win.

I couldn't disagree more with the person who assessed your (former) friend's chances of winning as "excellent." Let's say the guy does sue (and let's assume that he's either represented by a non-moronic attorney or has the ability to draft a complaint that can survive a pleading motion). There's virtually no way that a case like this would be decided by a motion for summary judgment, so the only way for the plaintiff to "win" would be by taking the case to trial. Only 10-15% of civil lawsuits go to trial, and I submit that taking a case like this to trial would not be well advised. Let's be charitable and say that there's a 15% chance of the case going to trial. Based on the limited facts given, it's probably a toss-up who would win (it seems to be a "he said; he/she said" case), so that means there's maybe, at best a 7.5% percent chance of the plaintiff "winning." That's hardly an "excellent" chance.

 

[quincy]

It does in criminal cases, like the one you cited. That's not uncommon for states to do that. But in the world of civil lawsuits, the common law in most states is that in mutual combat each party is responsible for the harm caused to the other. I did not in a quick search find if IL has case law on the matter that either adopts the majority view or instead takes a different position. It would be necessary, though, to look at the civil cases for this; the criminal case decisions will not give you that.

I didn’t research it fully.

 

[Taxing Matters]

Let's be charitable and say that there's a 15% chance of the case going to trial. Based on the limited facts given, it's probably a toss-up who would win (it seems to be a "he said; he/she said" case), so that means there's maybe, at best a 7.5% percent chance of the plaintiff "winning." That's hardly an "excellent" chance.

That's a poor way to analyze it. Using your method every single case filed would have a pretty poor chance to win because so few cases go to trial. You know that's not how lawyers analyze chance of success. They look at what the likely outcome would be should the case go to trial. That informs the value of the case. The reason most cases don't make it to trial is that they are either settled prior to trial or pre-trial activity results in a disposition other than trial (dismissal, summary judgment, etc). As you noted, given what we know, disposition by dismissal or summary judgment seems very unlikely. So, the issue is how likely is it that he'd win at trial. That's what tells you what the case is worth, and informs the negotiations that will lead to what will likely be some kind of settlement. Whether that outcome at trial or in settlement is favorable for the OP or his friend is, at this point, impossible to say. I agree with you that I reject Jack's assertion that the friend's chances are excellent, but also reject your premise that the chances of winning are poor because, for the reasons I've given, your method of arriving at the percentage chance of success is flawed.

 

[quincy]

The victim in altharn’s situation probably would have been smart to report the incident to the police.

 

[Just Blue]

The victim in altharn’s situation probably would have been smart to report the incident to the police.

He was probably to busy writhing in agony.

 

[quincy]

He was probably to busy writhing in agony.

Hahaha. That would have been my immediate response.

All things considered, though, it is certainly an effective way to halt both drunken horseplay and a vicious assault.

 

[Just Blue]

Hahaha. That would have been my immediate response.

All things considered, though, it is certainly an effective way to halt both drunken horseplay and a vicious assault.

Uh-huh. I utilized the "knee to the balls" method once...I was on a date and he thought he could be ...handsy...despite my protests. Amazing to me what a guy thinks dinner and a movie "buy" him.

 

[quincy]

Uh-huh. I utilized the "knee to the balls" method once...I was on a date and he thought he could be ...handsy...despite my protests. Amazing to me what a guy thinks dinner and a movie "buy" him.

I assume he didn’t turn around and sue you for medical expenses.

 

[Just Blue]

I assume he didn’t turn around and sue you for medical expenses.

No, he did not. I called a cab to get home from a payphone (no cells back in the olden days) and when the cab arrived he was still whimpering (10/15 min's). I never heard from him again.

 

[quincy]

No, he did not. I called a cab to get home from a payphone (no cells back in the olden days) and when the cab arrived he was still whimpering (10/15 min's). I never heard from him again.

I am not surprised he never contacted you again. Haha.

 

[Just Blue]

I am not surprised he never contacted you again. Haha.

I'm tall (then about 5'9) but then I was very slender (size 4)....People were surprised at how tough I could be if needed.


And yeah...I wasn't surprised either.

 

[quincy]

I'm tall (then about 5'9) but then I was very slender (size 4)....People were surprised at how tough I could be if needed.


And yeah...I wasn't surprised either.

A kick in the balls and fingers in the eyes can be the best weapons anyone has against a male attacker ... if they don’t happen to have a more traditional weapon on hand.

 

[PayrollHRGuy]

A kick in the balls and fingers in the eyes can be the best weapons anyone has against a male attacker ... if they don’t happen to have a more traditional weapon on hand.

That isn't limited to women. You need to add a punch to the throat to that list as well.

 

[quincy]

A punch in the throat can work.

 

[Just Blue]

I taught my girls the Triple Inflection of Terrible Torment when they were little.

Eyes
Balls
Throat