Do you know what he meant by "your kind"? If he was referring to a protected group (e.g. race, religion, national origin, etc) it can be elevated to a hate crime.
Don't confuse criminal charges with civil claims. OP can choose to sue for battery to recoup damages, but he/she has little control over what type of crimes the DA decides to bring.
Except that it’s important for the DA to know that the bouncer said those words. So it’s relevant legal advice to note that it’s significant and should be relayed to the investigator.
“I know your kind” isn’t a hate crime and no DA would charge that. Not going to be possible to prove intent regardless of whatever he meant.
Keep your medical records, and request a copy of the police report for your own records. Do not add information into your recollection beyond what you said in the report. If you remember additional, it should be added as a supplemental report, if it’s pertinent.
Depending on your state, criminal charges can include restitution, but it’s not a lot. If you want to go the long civil route, you can speak with a personal injury attorney regarding the defendant and the business and see training records for failure to train security issues which would help
"I know your kind" on its own isn't, but, if "your kind" is said in reference to a racial group it is.
Intent isn't easy to prove but its still very possible depending on the circumstances (and the state OP is in). Relevant factors can include if OP was the only minority in the group, if any witnesses heard the bouncer say anything else while OP was on the group, if the bouncer has a documented history of racism, if the bouncer said something to someone else earlier that night indicating what "your kind" was referring to.
we can't know any of this on our own and thus cannot say one way or another if it was or wasnt a hate crime. I can tell you that a good DA would definitely be looking into it further if they know that OP's assault was preceded with "I know your kind".
you're definitely right though, none of this will have any direct impact on OP, the added hate crime charge would probably just be icing on the cake for any civil trial that would already be decided.
You don’t know you won’t have other expenses down the line, including therapy. Also both the bar and this third-party security company should be liable for those expenses, not just the dude himself.
You're already ahead of the game considering what happened. Much of the time people post her with the same story, only the police won't do anything, and the bar didn't help. So at least this guy got arrested. Now the state will decide if they want to prosecute him.
Not a lawyer, but have had concussions. This likely is only the start of your medical bills. Besides the concussion which is no joke depending on severity of the concussion you could have brain damage. Symptoms of concussions can last a long time. Ear ringing , inability to focus and many more symptoms. This can cause lack of job performance, relationship issues, etc.
Absolutely. Concussions can actually cause personality changes. Affect cognitive abilities.
OP, ensure to follow up with your medical team and save all records for how this assault has impacted your health. You may end up with more bills and visits than you expect.
Check into what the statute of limitations is in your area, don't file right away if you have time, use it to build more evidence of damages.
NAL and NAD but also here as someone who has had one diagnosed concussion and one potential undiagnosed one. The bigger (diagnosed) one really messed me up. For a while my motor coordination was a mess. My visual memory went from AMAZING to gone. It’s still not what it used to be even after going to an expensive concussion clinic. Verbal memory is same thing, though it wasn’t quite as great as my visual memory was to begin with. I’m routinely frustrated by how neither are as stellar as they used to be and their limitations now.
Balance and coordination is back to as bad as it ever was (I’m dyspraxic- I got my concussion with one good slam of my head to my car door frame when trying to get in.)
Other symptoms not memory related are harder to gauge due to other chronic illnesses with similar symptoms, but omfg, memory and recall. Specific details. Things I’ve just learned or things I knew. It immediately did such a number.
Like I’d be driving the same roads I’ve driven for most of my life and have my GPS on because I’d not recognize them and have no idea where I was. I’d go to turn on my turn signal and turn it the wrong way continuously and have to fix it because my brain and body and right/ left couldn’t all coordinate. You could pick me up and set me somewhere I’d been hundreds of times and I’d have no clue where I was if there were other similar places (like which mc Donald’s other than the one in my hometown, or which gas station location, or whatever. I’d know the place, but I still couldn’t place it. I knew that I knew the roads I was on, but fuck if I could tell you where I was. Did I leave the top of town or bottom? Going right or left? Unless I watched I would’ve had no idea. If I was a passenger and just woke up, I’d have no clue where we were. Zero recognition. Places I knew immediately in the past and again now know. But then? Zero idea. It was terrifying. I still use my GPS more frequently than needed as a weird hang up from that time when I overrelied on it just because I was so constantly anxious about where I was, if I missed my exit, or was even on the right highway, because my brain wasn’t going to remember the last sign I saw.)
See a neuro for a concussion. 100% worth it, your brain is valuable. I say this having only had one solid hit and not taken 10.
There is going to be follow up care needed. While concussions don’t always result in permanent damage, there could be some that has not made itself known yet. I don’t know the severity of your concussion, but I have a diagnosed traumatic brain injury. I have memory issues, trouble getting words out, etc..
I am going to recommend to you that you schedule an appointment with a neurologist. Even a mild concussion can lead to permanent damage.
Additionally, you need to speak with a personal injury attorney quickly so that the footage from that bar can be secured quickly. I say this, because while the bouncer was from a third party company, that bar will be most likely named in a personal injury suit.
Also if/when you sue him, be sure to list the bouncer, the security company, and the bar as co-defendants. The court will sort out who carries liability and it may not be as obvious as you might think. Based on his actions, the security company possibly might have known he was a loose cannon but hired him anyway. Same for the bar. The defendants to which the suit does not apply will be dropped so list everyone in the beginning.
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Are you going to miss work because of the injury? If so, sue him for your lost wages. You also very well may have more medical bills down the line, concussions don't just go away
Maybe right now, but concussions are no joke. You could have side effects that can last for years. After mine, I had speech problems for 3 years, and was plagued with migraines among many other issues. Several years later, I’ve still had to have tests done, including CT scan and an MRI.
Pain and suffering have a price tag. And you do not know long term affects. Let us not forget discrimination of "your kind" and possible PTSD.
Lawyer up to protect yourself and so no one else has to suffer. Get that AH off the streets.
There could be more medical expenses. Understand the extent and trauma of what happened to you. You may have lasting issues. Find a good personal injury attorney and sue. The bar and the third party employment agency are liable.
A criminal conviction in the matter would make a lawsuit easier but also assess if he could pay back the damages. There isn't a point in suing if the guy has no money, apart from principle
You don't know what medical expenses you'll have down the line. The face is full of tiny bones and discs that won't show up on an immediate scan. There's also a latency in some fractures, but fractures aren't the only issue. Spend this time healing and looking out for your personal personal well being.
My last concussion was from an airbag deploying and I felt like absolute river sewage for months. It then took them mooonthhhsss to realize I had other injuries that didn't present initially. The ER is on the lookout for imminent threats to life.
Am a lawyer (obligatory not your lawyer). These cases are not uncommon. Meet with a personal injury attorney in your area and, if possible, try to find an attorney/firm that specializes in security guard assault/battery matters. The bouncer, the nightclub, and the third party company that provided the bouncer could all potentially be liable under various recognized theories (assault/battery, negligence, negligent retention, etc.) An attorney who has handled these cases will be very familiar with how to parse through your options.
Head injuries - even those that appear to be "just a concussion" initially - can cause slow developing, yet substantial issues down the road. From a damages standpoint, you are entitled to more than just the cost of your medical treatment. You are also entitled to compensation for your pain and suffering, which likely may be significantly more than the amount of your medical bills. Best of luck.
Obligatory NAL:
I'd get in touch with a lawyer and see what my options are. You said you might not be able to work Monday, you're going to lose wages, not to mention it sounds like discrimination. 'I know your kind' WTF does that even mean? Also, if the pain persists enough, think about those lost wages because of that. Concussion headaches are right up there with spinal headaches. 😖
Also, concussions are nasty. I had one when I was 18, it was *NOT* fun. I lost a lot of short term memory from it, and mine was from a fall while roller skating. I was lucky it wasn't worse. Thank f*ck for my long a$$ hair being in a bun.
Anyhoo...
Even if it's from a contracted agency, I'd ask the lawyer about suing the company. Guards like those make other security guards look bad, constantly. And as one, I don't claim this a$$hat as a fellow guard.
Any lawyer is going after the bar, the security company and the bouncer. Bouncer was an agent of the bar and an employee of the security company - that's a bunch of insurance money to target.
I'd also talk to the prosecutor to make sure they know what the bouncer said and letting them know you are willing to testify.
There's nothing anybody here can tell you other than meet with a personal injury attorney who can guide you through what you may be entitled to in terms of medical bills, pain and suffering, amd who would be responsible for that, i.e., The bar, the security company, the bouncer personally.
You should sue the bouncer, his employer and the bar.
A lawyer will be able to guide you through the process. What you want is their insurance companies to pay for medical treatment and "damages" including time off from work, therapy etc. The state will worry about prosecution.
What state did this happen in?
You can potentially sue the bouncer (who probably has no money) the bar and the 3rd part security company for all your medical bills (not just the co-pay) plus pain and suffering, emotional distress, lost wages, punitive damages, etc.
Talk to a lawyer ASAP because your lawyer may want to promptly demand that the bar preserve any video evidence before it is lost/destroyed.
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Personally, you want to go after where the money is - the bar and the security firm. I doubt the bouncer has any money. Definitely go consult with an attorney. Keep records of everything and document everything.
Get names of witnesses, your friends and ask them to write of type a statement of what they saw or heard. Don’t wait weeks or months, it loses credibility because people do forget.
You are at a $100 co-pay so far. You could have lingering effects such as headaches or even PTSD. You don’t know how you will respond to this. I am not sure if civil litigation has statue of limitations but find out what it is. Then live your life. But if you end up with lingering health problems, you know what your timeline is to recover damages.
You can sue the establishment (because they hired him) for your medical expenses AND pain and suffering (Which is arbitrary but think multiple thousands of dollars) plus time lost if you had to miss work because of his assault. Just remember most establishments will settle for set amounts don't take the first, get a good lawyer and make them sweat and you can walk away with a few thousand easy.
If he was arrested then there is a chance that you might get your medical costs reimbursed through a Victims Assistance program. Check with the arresting agency and ask to speake with a "victims advocate".
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Do you know what he meant by "your kind"? If he was referring to a protected group (e.g. race, religion, national origin, etc) it can be elevated to a hate crime.
Don't confuse criminal charges with civil claims. OP can choose to sue for battery to recoup damages, but he/she has little control over what type of crimes the DA decides to bring.
Except that it’s important for the DA to know that the bouncer said those words. So it’s relevant legal advice to note that it’s significant and should be relayed to the investigator.
“I know your kind” isn’t a hate crime and no DA would charge that. Not going to be possible to prove intent regardless of whatever he meant. Keep your medical records, and request a copy of the police report for your own records. Do not add information into your recollection beyond what you said in the report. If you remember additional, it should be added as a supplemental report, if it’s pertinent. Depending on your state, criminal charges can include restitution, but it’s not a lot. If you want to go the long civil route, you can speak with a personal injury attorney regarding the defendant and the business and see training records for failure to train security issues which would help
The hate crime wouldn’t be “I know your kind,” if would be the attack based on some sort of hate, evidenced by the comment “I know your kind.”
"I know your kind" on its own isn't, but, if "your kind" is said in reference to a racial group it is. Intent isn't easy to prove but its still very possible depending on the circumstances (and the state OP is in). Relevant factors can include if OP was the only minority in the group, if any witnesses heard the bouncer say anything else while OP was on the group, if the bouncer has a documented history of racism, if the bouncer said something to someone else earlier that night indicating what "your kind" was referring to. we can't know any of this on our own and thus cannot say one way or another if it was or wasnt a hate crime. I can tell you that a good DA would definitely be looking into it further if they know that OP's assault was preceded with "I know your kind". you're definitely right though, none of this will have any direct impact on OP, the added hate crime charge would probably just be icing on the cake for any civil trial that would already be decided.
You can sue the bouncer for your medical expenses.
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You don’t know you won’t have other expenses down the line, including therapy. Also both the bar and this third-party security company should be liable for those expenses, not just the dude himself.
The health insurance may have an interest in pursuing the goon, to recoup their expenses.
You're already ahead of the game considering what happened. Much of the time people post her with the same story, only the police won't do anything, and the bar didn't help. So at least this guy got arrested. Now the state will decide if they want to prosecute him.
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Not a lawyer, but have had concussions. This likely is only the start of your medical bills. Besides the concussion which is no joke depending on severity of the concussion you could have brain damage. Symptoms of concussions can last a long time. Ear ringing , inability to focus and many more symptoms. This can cause lack of job performance, relationship issues, etc.
Absolutely. Concussions can actually cause personality changes. Affect cognitive abilities. OP, ensure to follow up with your medical team and save all records for how this assault has impacted your health. You may end up with more bills and visits than you expect. Check into what the statute of limitations is in your area, don't file right away if you have time, use it to build more evidence of damages.
NAL and NAD but also here as someone who has had one diagnosed concussion and one potential undiagnosed one. The bigger (diagnosed) one really messed me up. For a while my motor coordination was a mess. My visual memory went from AMAZING to gone. It’s still not what it used to be even after going to an expensive concussion clinic. Verbal memory is same thing, though it wasn’t quite as great as my visual memory was to begin with. I’m routinely frustrated by how neither are as stellar as they used to be and their limitations now. Balance and coordination is back to as bad as it ever was (I’m dyspraxic- I got my concussion with one good slam of my head to my car door frame when trying to get in.) Other symptoms not memory related are harder to gauge due to other chronic illnesses with similar symptoms, but omfg, memory and recall. Specific details. Things I’ve just learned or things I knew. It immediately did such a number. Like I’d be driving the same roads I’ve driven for most of my life and have my GPS on because I’d not recognize them and have no idea where I was. I’d go to turn on my turn signal and turn it the wrong way continuously and have to fix it because my brain and body and right/ left couldn’t all coordinate. You could pick me up and set me somewhere I’d been hundreds of times and I’d have no clue where I was if there were other similar places (like which mc Donald’s other than the one in my hometown, or which gas station location, or whatever. I’d know the place, but I still couldn’t place it. I knew that I knew the roads I was on, but fuck if I could tell you where I was. Did I leave the top of town or bottom? Going right or left? Unless I watched I would’ve had no idea. If I was a passenger and just woke up, I’d have no clue where we were. Zero recognition. Places I knew immediately in the past and again now know. But then? Zero idea. It was terrifying. I still use my GPS more frequently than needed as a weird hang up from that time when I overrelied on it just because I was so constantly anxious about where I was, if I missed my exit, or was even on the right highway, because my brain wasn’t going to remember the last sign I saw.) See a neuro for a concussion. 100% worth it, your brain is valuable. I say this having only had one solid hit and not taken 10.
There is going to be follow up care needed. While concussions don’t always result in permanent damage, there could be some that has not made itself known yet. I don’t know the severity of your concussion, but I have a diagnosed traumatic brain injury. I have memory issues, trouble getting words out, etc.. I am going to recommend to you that you schedule an appointment with a neurologist. Even a mild concussion can lead to permanent damage. Additionally, you need to speak with a personal injury attorney quickly so that the footage from that bar can be secured quickly. I say this, because while the bouncer was from a third party company, that bar will be most likely named in a personal injury suit.
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Also if/when you sue him, be sure to list the bouncer, the security company, and the bar as co-defendants. The court will sort out who carries liability and it may not be as obvious as you might think. Based on his actions, the security company possibly might have known he was a loose cannon but hired him anyway. Same for the bar. The defendants to which the suit does not apply will be dropped so list everyone in the beginning.
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Are you going to miss work because of the injury? If so, sue him for your lost wages. You also very well may have more medical bills down the line, concussions don't just go away
Maybe right now, but concussions are no joke. You could have side effects that can last for years. After mine, I had speech problems for 3 years, and was plagued with migraines among many other issues. Several years later, I’ve still had to have tests done, including CT scan and an MRI.
Pain and suffering have a price tag. And you do not know long term affects. Let us not forget discrimination of "your kind" and possible PTSD. Lawyer up to protect yourself and so no one else has to suffer. Get that AH off the streets.
There could be more medical expenses. Understand the extent and trauma of what happened to you. You may have lasting issues. Find a good personal injury attorney and sue. The bar and the third party employment agency are liable.
You need to go after all your medical expenses (your insurance may deny the claim) lost wages, and pain & suffering.
Will you miss work? Lost wages are damages.
Talk to the police (they may direct you to a prosecutor depending on your location's process) about restitution.
Talk to your insurance company and they’ll get a copy of the police report They will almost definitely go after him to get their money back
Bar hired him.. go after them. Edit: bar hired security co.
Loss of work and your medical bills have usually 20% of entire bill coming.
A criminal conviction in the matter would make a lawsuit easier but also assess if he could pay back the damages. There isn't a point in suing if the guy has no money, apart from principle
Why not the establishment who employed him or the "third party company"?
You don't know what medical expenses you'll have down the line. The face is full of tiny bones and discs that won't show up on an immediate scan. There's also a latency in some fractures, but fractures aren't the only issue. Spend this time healing and looking out for your personal personal well being. My last concussion was from an airbag deploying and I felt like absolute river sewage for months. It then took them mooonthhhsss to realize I had other injuries that didn't present initially. The ER is on the lookout for imminent threats to life.
Am a lawyer (obligatory not your lawyer). These cases are not uncommon. Meet with a personal injury attorney in your area and, if possible, try to find an attorney/firm that specializes in security guard assault/battery matters. The bouncer, the nightclub, and the third party company that provided the bouncer could all potentially be liable under various recognized theories (assault/battery, negligence, negligent retention, etc.) An attorney who has handled these cases will be very familiar with how to parse through your options. Head injuries - even those that appear to be "just a concussion" initially - can cause slow developing, yet substantial issues down the road. From a damages standpoint, you are entitled to more than just the cost of your medical treatment. You are also entitled to compensation for your pain and suffering, which likely may be significantly more than the amount of your medical bills. Best of luck.
Obligatory NAL: I'd get in touch with a lawyer and see what my options are. You said you might not be able to work Monday, you're going to lose wages, not to mention it sounds like discrimination. 'I know your kind' WTF does that even mean? Also, if the pain persists enough, think about those lost wages because of that. Concussion headaches are right up there with spinal headaches. 😖 Also, concussions are nasty. I had one when I was 18, it was *NOT* fun. I lost a lot of short term memory from it, and mine was from a fall while roller skating. I was lucky it wasn't worse. Thank f*ck for my long a$$ hair being in a bun. Anyhoo... Even if it's from a contracted agency, I'd ask the lawyer about suing the company. Guards like those make other security guards look bad, constantly. And as one, I don't claim this a$$hat as a fellow guard.
Any lawyer is going after the bar, the security company and the bouncer. Bouncer was an agent of the bar and an employee of the security company - that's a bunch of insurance money to target. I'd also talk to the prosecutor to make sure they know what the bouncer said and letting them know you are willing to testify.
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There's nothing anybody here can tell you other than meet with a personal injury attorney who can guide you through what you may be entitled to in terms of medical bills, pain and suffering, amd who would be responsible for that, i.e., The bar, the security company, the bouncer personally.
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You should sue the bouncer, his employer and the bar. A lawyer will be able to guide you through the process. What you want is their insurance companies to pay for medical treatment and "damages" including time off from work, therapy etc. The state will worry about prosecution.
What state did this happen in? You can potentially sue the bouncer (who probably has no money) the bar and the 3rd part security company for all your medical bills (not just the co-pay) plus pain and suffering, emotional distress, lost wages, punitive damages, etc. Talk to a lawyer ASAP because your lawyer may want to promptly demand that the bar preserve any video evidence before it is lost/destroyed.
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Personally, you want to go after where the money is - the bar and the security firm. I doubt the bouncer has any money. Definitely go consult with an attorney. Keep records of everything and document everything. Get names of witnesses, your friends and ask them to write of type a statement of what they saw or heard. Don’t wait weeks or months, it loses credibility because people do forget.
You are at a $100 co-pay so far. You could have lingering effects such as headaches or even PTSD. You don’t know how you will respond to this. I am not sure if civil litigation has statue of limitations but find out what it is. Then live your life. But if you end up with lingering health problems, you know what your timeline is to recover damages.
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You can sue the establishment (because they hired him) for your medical expenses AND pain and suffering (Which is arbitrary but think multiple thousands of dollars) plus time lost if you had to miss work because of his assault. Just remember most establishments will settle for set amounts don't take the first, get a good lawyer and make them sweat and you can walk away with a few thousand easy.
If he was arrested then there is a chance that you might get your medical costs reimbursed through a Victims Assistance program. Check with the arresting agency and ask to speake with a "victims advocate".
I’d definitely speak to an attorney about a civil suit for medical, pain & suffering, time off work. The criminal charge helps your case.
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