Most people go there whole lives without getting into a fistfight. However, if you recently suffered an unexpected assault and suffer from a painful herniated disc. As a result, it is possible for you to pursue and win a lawsuit.
Fistfight Lawsuits Are Complex
When your shoulder is injured in a fist fight, your lawsuit is complicated by a variety of factors. It is only possible to sue somebody if you were defending yourself and didn't start the fight. You also need to prove that the fight caused your injuries and that the injuries are severe enough to require medical treatments.
A herniated disc usually requires some type of surgery to manage, which means you are more likely to have the right to pursue a lawsuit. However, there are other complications that can make it more difficult to win this type of case.
The Fight Has To Have Caused The Injury
The most important part of this type of case is proving that the fistfight caused your herniated disc. This type of injury typically occurs when a person works their shoulder too excessively. It is common in athletes, such as baseball players, but can also happen in a wide range of people. For example, if your fist fight requires you to defend yourself with punches, you might strain your shoulder.
Or maybe the fight becomes a wrestling match, and you strain yourself trying to push your assailant off of you. Whatever the cause, it is crucial to talk to a medical professional who can prove it was caused by the fight. If not, you are going to suffer against an aggressive defense that is going to try to combat your claim.
Common Defenses You May Experience
In a lawsuit after a fight, the person you are suing is likely to give many different defenses. For example, they may claim that you started the fight or were the aggressive person in the fight. This claim will make it more difficult for you to win your case. Even worse, they may try to claim that your injured shoulder nerve was not caused by the fight at all.
That's why medical testimony is so important in these types of cases. A doctor needs to state that your injury was caused by somebody hitting you or causing you to defend yourself. For example, maybe you had to throw several punches to fight off the aggressor and suffered from your injury during this moment of personal defense.
So if you suffer from a cervical herniated disk after a fight with somebody, you need to contact a lawyer to learn more about your rights. They can help you better understand the situation and prepare you for the difficulties of winning this type of case.