I was in Austin, TX visiting a few friends. We went out to a local establishment and prior to getting into the bar I found myself laying on the sidewalk with a bloodied lip. When I was sitting in line to get into the bar apparently a fight broke out and ended up outside. One of the bouncers (I think) went to swing on one of the guys and instead hit me clear in the jaw. I can barely open up my jaw to eat right now.
What are my rights? Is this considered an assault and battery and can I sue for my pain and suffering or at least my medical bills? I went and got it checked out this morning and nothing is broken but it hurts like hell.
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This would be considered a personal injury case. You can certainly sue the bar for the injury. I’m not sure that there would be criminal charges pressed upon the bouncer because it seems that it was a mistake and you happen to be at the wrong place at the wrong time, however, you certainly could file a personal injury suit against the bar. Do you have witnesses? I would also take pictures of your mouth immediately. I don’t know how much money you would get but I’m sure they would pay for your medical expenses etc. I would hire a lawyer if I were you.