How do you go about suing an establishment?

[Sean of the Thread]

I needs some medical paid for.

Not saying I wasn't a douche in this situation but they're still wrong no matter what.

Quick sitrep

me drinking at a bar playing poker.
Dumb bitch mouths and I call her a cunt.
Dumb bitch is the wife of the owner.
Cries to owner.

Owner, bartender, cook and some other dude yet to be figured out beat on me in the bar.

I never hit/touched anyone.

They knocked me out.

I thought I had a strained muscle in my neck. But this happened on like 2/22 and my neck is still fucked up.

Hard to move. Can barely open my mouth to yawn/eat. Sneeze kills me etc.

I have no insurance.

Four people whom I'm not really friends of have contacted me to see if I was okay and to offer being a witness because it was that bad.

Did I get what I deserved? Maybe. We're they wrong. 100%.

Save the hate because it's tired and I just chuckle at it anyways. This is a serious inquiry.

[Stanley Burrell]

Four people whom I'm not really friends of have contacted me to see if I was okay and to offer being a witness because it was that bad.

Were they actually there?

[Sean of the Thread]

Were they actually there?

Ya I was playing poker with them.

[Showal]

The answer to your question "How do you go about suing an establishment?" is "Normally, you hire a lawyer and they handle the suing part."

[Drew]

If you can't afford a lawyer you can take them to small claims court most likely.

[Sean of the Thread]

Don't most lawyer's take this shit and only charge you if you win? Yeah they may grab 40% or some shit but you don't have to pay?

*I mean this seems clear to me. I got stomped by 4 dudes three of which were at least employees inside the place and didn't do shit other than call some whore a c-bomb and I have third party witnesses?

Seems pretty slam dunk to me.

[Drew]

They could argue you incited a riot or "fighting words".

[Bobmuhthol]

No establishment did you wrong. The fact that it's the owner you're suing doesn't mean you're suing the bar. It's also a good idea to press criminal charges if you want a chance at getting damages in court.

[Tolwynn]

See some kind of medical help. Good luck otherwise on claiming any kind of injuries without some sort of diagnosis to back it up.

[Sean of the Thread]

Ahh good point Bob.

And yes I'll will most likely be charged with "disturbing the peace" which is minor if I go through with this according to my police friends but they still say they're in the wrong.

If I wasn't hurting so bad I'd say fuck it. Like I said I thought it was just a strained muscle but it's obviously something more fucked up.

I've got an MRI on the schedule at the moment we'll see what's wrong with the fucker.

[BLZrizz]

Yes, first thing you need to do is file a police report. Get names and witnesses so its as clean as possible. It will help in establishing civil liability in general, but if they end up being found guilty of assault or some related charge, then you've essentially met your burden in a civil case.

And yes, you should be able to get a free consultation with a personal injury attorney. Their fee will be 30-40% of any recovery you may get. Hit up martindale.com, enter your city and state, type in "plaintiffs personal injury" and call some folks.

I don't think multiple people can claim "heat of the moment" like an individual can. They had to conspire to beat him and conspiracy tends to be the product of rational thought.

[Androidpk]

I needs some medical paid for.

Not saying I wasn't a douche in this situation but they're still wrong no matter what.

Quick sitrep

me drinking at a bar playing poker.
Dumb bitch mouths and I call her a cunt.
Dumb bitch is the wife of the owner.
Cries to owner.

Owner, bartender, cook and some other dude yet to be figured out beat on me in the bar.

I never hit/touched anyone.

They knocked me out.

I thought I had a strained muscle in my neck. But this happened on like 2/22 and my neck is still fucked up.

Hard to move. Can barely open my mouth to yawn/eat. Sneeze kills me etc.

I have no insurance.

Four people whom I'm not really friends of have contacted me to see if I was okay and to offer being a witness because it was that bad.

Did I get what I deserved? Maybe. We're they wrong. 100%.

Save the hate because it's tired and I just chuckle at it anyways. This is a serious inquiry.

Have you considered suicide?

[Mighty Nikkisaurus]

This was on 2/22?

The fact that you waited so long is not going to be good. I'm gonna go ahead and guess you didn't take pictures nor did you seek out medical treatment/have it documented by a doctor the kind of damage that was done immediately after the fact?

Witness testimony is not going to be the best either. Very little is actually weighted on eye-witness testimony and if they were all drinking, etc it's very likely that during examination there are going to be enough discrepancies in their stories/statements that all or most of it will get thrown out.

[Sean of the Thread]

Dude android I'm not that bad off. I do some reckless shit but we all can be bible thumping whores. AS bad as my shit stories sound I'm 95% more tame than I was 15 years ago.

Suicide is for quitters.

[Mighty Nikkisaurus]

I like to drink and get crazy and I have some good friends who do but no one and I mean no one has been arrested/beat to shit/shanked/etc because of their drinking/drunken behavior.. and we've all been pretty fucking shitfaced.

The more and more that I read these stories if they are all true, the more I'm inclined to believe that you're an angry or mean drunk. Maybe not 'punch your woman in the face' mean, but mean nonetheless. Happy go lucky, funny drunks don't get into bar fights, hauled away by the police, etc. I'm sure at the time you're not aware of it but honestly I can see absolutely no other way you can get into so much shit in such little time.

[Sean of the Thread]

This was on 2/22?

The fact that you waited so long is not going to be good. I'm gonna go ahead and guess you didn't take pictures nor did you seek out medical treatment/have it documented by a doctor the kind of damage that was done immediately after the fact?

Witness testimony is not going to be the best either. Very little is actually weighted on eye-witness testimony and if they were all drinking, etc it's very likely that during examination there are going to be enough discrepancies in their stories/statements that all or most of it will get thrown out.


They weren't drinking.

I went to the hospital as well. I don't have pictures. I also didn't realize my neck was messed up at the time. They took xrays of my hand and shoulder and shit.

My black eye is gone as is the huge bruise on my shoulder but I did goto the hospital.

[Sean of the Thread]

I like to drink and get crazy and I have some good friends who do but no one and I mean no one has been arrested/beat to shit/shanked/etc because of their drinking/drunken behavior.. and we've all been pretty fucking shitfaced.

The more and more that I read these stories if they are all true, the more I'm inclined to believe that you're an angry or mean drunk. Maybe not 'punch your woman in the face' mean, but mean nonetheless. Happy go lucky, funny drunks don't get into bar fights, hauled away by the police, etc. I'm sure at the time you're not aware of it but honestly I can see absolutely no other way you can get into so much shit in such little time.


Nahhhh You've even spoken to me when I was SHITFACED x3 than this before.

I'm mouthy when sober I'm 10x more mouthy when drinking. I don't like people and I usually tell them if I'm not at work.

[Sean of the Thread]

Oh and to shore up the rep comments...

I can drink beer all day long and be fine. When I drink two 1.75 liters of rum over the course of 48 hours forget it. If I think you're a C BOMB I'm calling you a c-bomb. Obviously it has consequences.

[Androidpk]

Oh and to shore up the rep comments...

I can drink beer all day long and be fine. When I drink two 1.75 liters of rum over the course of 48 hours forget it. If I think you're a C BOMB I'm calling you a c-bomb. Obviously it has consequences.

Yeaaaah. Again with that suicide thing.

[Sean of the Thread]

Live in your shell man. /yawn

I don't really have any regrets other than a few hoes I should have never touched.

[Kuyuk]

But dont worry folks, he doesnt drink anymore.

Your chances of success in court are probably very very slim.

Stop going to bars.

You opened your mouth (again) and got your ass kicked (again). Learn to STFU and stay conscious, glassjaw.

[Mighty Nikkisaurus]

Yeah I've talked to you but a couple isolated incidents, over skype or on AIM, is a lot different than in a busy social setting and while you are still drinking, etc. It makes a big difference too that I've never done/said anything in those incidents that could set you off.

Becoming 10 times more mouthy when drunk is a nice way of saying getting meaner. I'm sure if you like the person you're perfectly fine to them when you're drunk.. what I'm saying is that a happy/funny drunk will usually either a) get along with people they otherwise wouldn't for the sake of having a good time or b) just ignore anyone that they weren't cool with. You do neither- in all of your stories you have participated by calling names, inserting yourself, etc.. whether for a 'good cause' or not it's still a pattern of behavior that ultimately ends with you either getting your ass beat or else hauled off by the 5-0.

I dunno why I'm outlining this here, it's pretty useless. I guess on some level I really hope that you'll get sick of this shit and really honestly self-evaluate.

[Sean of the Thread]

I have self evaluated. Evaluation results is don't be manic and buy a bottle of booze because I can't stop after three drinks etc. I may have a beer perhaps two after work in front of some espn or what not but what I don't need to do is binge on a any sort of hard stuff.

*I went to fucking AA for a year straight three times a day and it just got so fucking depressing it's not funny.

[Mighty Nikkisaurus]

You know how I feel about AA, Sean. I just don't think you have this as under control as you think. As long as this kind of shit keeps happening to you, you're still losing control.

[Cephalopod]

This thread is making me rethink my stance on the health reform bill.

[Sean of the Thread]

You know how I feel about AA, Sean. I just don't think you have this as under control as you think. As long as this kind of shit keeps happening to you, you're still losing control.

Without a doubt I had lost control at that event. The last time I was that fucked up was almost to the day exactly one year prior.

Actually it was a month off. Last time I did that was in late March '09.

[Celephais]

http://i42.tinypic.com/292mpow.png

[Gan]

ROFL

[Mighty Nikkisaurus]

http://i42.tinypic.com/292mpow.png

LOL

[Cephalopod]

Awesome.

[Sweets]

Live in your shell man. /yawn

I don't really have any regrets other than a few hoes I should have never touched.

You would think losing your wife and children would be a regret, but hey, that's just me. At least you admit it.

[Drew]

http://i42.tinypic.com/292mpow.png

Let us frolic in a freshwater lake and then spawn a batch of fry.

[Sean of the Thread]

You would think losing your wife and children would be a regret, but hey, that's just me. At least you admit it.


Didn't LOSE them just have some distance for the time being.

Bills are almost paid off so reunion is near rather than visiting every other month or so.

[Celephais]

Bills are almost paid off


I needs some medical paid for. ... I have no insurance.
http://fotr.mlblogs.com/So%20Close%20Yet%20So%20Far.JPG

[Sean of the Thread]

http://fotr.mlblogs.com/So%20Close%20Yet%20So%20Far.JPG


I don't pay my bills silly. Not until I make some serious dough again... credit is fucked so I don't give a shit at this point. Only student loans when needed.


That and I owe a couple people some monies that will be going out as soon as I get basics covered here.
By bills being almost paid I'm talking about her credit cards mostly.

[Sean of the Thread]

That cat looks just like Ms. Kitty whom we had to put down today. She was riddled with cancer :(

[TheEschaton]

Can we work the cat dying into the mad-libs?

Sean, don't go to bars. It's as simple as that. While you can probably easily press charges and get a criminal verdict, civil liability will be negatively impacted by your own misdeeds. Those misdeeds being, mainly, the fact that you: A) are a confessed alcoholic with a police record from various drunken incidents, B) were drunk at the time, and C) can be reasonably seen to have instigated the fight. In your favor is that they ganged up/conspired to beat you up, but the minute they show you didn't walk away (or try to), civil liability is out the window. You don't have a duty to flee in criminal self defense, but if you don't flee after instigating a fight, it'll be hard to win damages for it.

-TheE-

[Sean of the Thread]

Can we work the cat dying into the mad-libs?

Sean, don't go to bars. It's as simple as that. While you can probably easily press charges and get a criminal verdict, civil liability will be negatively impacted by your own misdeeds. Those misdeeds being, mainly, the fact that you: A) are a confessed alcoholic with a police record from various drunken incidents, B) were drunk at the time, and C) can be reasonably seen to have instigated the fight. In your favor is that they ganged up/conspired to beat you up, but the minute they show you didn't walk away (or try to), civil liability is out the window. You don't have a duty to flee in criminal self defense, but if you don't flee after instigating a fight, it'll be hard to win damages for it.

-TheE-

Hmm.

There's no duty to flee in Florida anymore. *nevermind misread your post.

I was in a seat at a table when assaulted.

They served me to the point of excess inebriation without a problem.

I didn't instigate a beat down? If I was the owner I would have simply called the police on my ass and let them handle it. Don't beat up some dude at your bar.

[Drisco]

http://i42.tinypic.com/292mpow.png

This is why I read the PC.


I can't believe some people waste their life like Sean does. It's sad but then I think how crappy it would be if I didn't get to read threads like this.

Please put in your Will the username/password for your PC account so we can all see how you died. I'll take bets you were drunk.<--- I smell a poll?

[Cephalopod]

Sean, don't go to bars. It's as simple as that.

Ignoring all of the legal advice, this seems like your best bet.

Don't go to bars, don't drink at all.

Anything you would normally do to have fun? Don't do it.

Buckle the fuck down and be a good father, not a dipshit getting hauled to the hospital, bail bond place or gutter every three weeks. Once you have yourself under control, you can have limited fun again.

http://actingschmacting.files.wordpress.com/2008/10/broken-record.jpg

[4a6c1]

Hai mai name is Sean and I like walked into this bar and then people just STARTED BEATING UP ON ME and then I was all like OMG WTF IS GOING ON?!? And then Obama showed up and gave one of them the Bronze Star and shook his hand and was like Good Job Yo. Life IS NOT FAIR. Also my wallet is empty. How'd that happen? And something is wrong with my feet so that I can no longer wear normal shoes...only flipflops. Woe is me DING A LING flipflop on the tip top?

<3 Sean

Seriously though if I had 5 tits, a sex addiction and a cocaine factory I would not have as many problems as you. It's true. Wish I could help. But I think only you can help you!

Bai.

[Sean of the Thread]

Hai mai name is Sean and I like walked into this bar and then people just STARTED BEATING UP ON ME

Think I stated why they just STARTED BEATING UP ON ME and that it was my fault. :(

[Cephalopod]

Seriously though if I had 5 tits, a sex addiction and a cocaine factory I would not have as many problems as you.

Have you maybe got two out of three? I'd like to get to know you better.

[Mighty Nikkisaurus]

Think I stated why they just STARTED BEATING UP ON ME and that it was my fault. :(

Since you admit this, you really should not be pursuing legal action.

[thefarmer]

Get on the dole already.

[Kuyuk]

That and I owe a couple people some monies that will be going out as soon as I get basics covered here.


Like a bunch of people from the PC who donated to you?

Bwahahahahaha.

[Sean of the Thread]

Like a bunch of people from the PC who donated to you?

Bwahahahahaha.


The three people that did was what I was referring too.


I haven't even received my first paycheck yet. Also learned that my store is closing as well. /shrug

[AnticorRifling]

You figured out how much you spend on bar food, booze, and poker yet?

Also sweets is spot on, the simple fact that you can't see your kids 100% of the time should be a huge regret. Hell when I am working job 2, like tonight, and I'm gone before they wake up and I get home after they are asleep I regret it, and that's just one day.

You put yourself if stupid situations, you instigate stupid shit, you piss what money you do have away. The constant variable in your current troubles is you.

If anything refer back to your leadership traits, one in particular. Know thyself and seek self improvement.

[Kuyuk]

The three people that did was what I was referring too.


I haven't even received my first paycheck yet. Also learned that my store is closing as well. /shrug



Sweet, I'll be getting my money back.

[Ker_Thwap]

I'm going to give some advice even though you didn't ask for it, because it's what I do. Print this out.

From everything I can tell, you're an alcoholic and depressed. Both of these can be treated the exact same way, because at the core of it all, they are simply bad habits. All a habit is, is a repetitive action. The brain gets in a rut and programs itself to repeat actions (positive or negative, it doesn't care), you need to break the cycle of destructive habits by replacing them with positive habits.

Put yourself into the exact same routine every single day, don't even think about varying that routine for a long time, because it will take a while before you've replaced your bad habits with good habits. You are doing this for you, not for your kids, not for anyone else. Later on you can be responsible for other people, but you're not ready yet.

Grab a pad of paper, and write down your daily schedule, make it complete.
Example:

7 am: wake to alarm, get immediately out of bed, pee, take a shower, shave, get dressed, make your bed and neaten your mess in the bathroom.
7:30 am: Eat breakfast, the same thing every day, try shredded wheat with a slice of fruit, it's boring, it's healthy. Have two boxes of it on hand at any given time. Remove the decision making process, make it easy on yourself. Clean up your breakfast mess entirely.
7:45 am: Make yourself a lunch, pack it in a little cooler with an icepack, a sandwich, fruit and a refillable water container, yes, water. It's free, it's healthy and refreshing. Clean up the kitchen again.
8 am: If you have a job, go to it. If you don't have a job, look for one. If you can't find one, mow the lawn at your grandmother's house, clean for her, wash her car, change the oil.
12 pm eat lunch.
12:15 get back to work, at your job, looking for work, or making your grandmother's house the prettiest house on the block.
5:00 pm: Work time is over, but you still need to be productive. Monday, grocery shop, Tuesday put gas in the car, arrive back home at the same time.
5:30 pm: Prepare dinner. A real meal. If grandma cooks for you, stand in the kitchen the entire time and help her out. Cook the same way every day, in steps, clean the messes as you go along, get in the habit of being methodical and productive at each step of the process. Set the table as you wait for things to cook.
6:15 Sit down and eat at the table, not in front of the PC, not in front of the TV.
6:45 Clean up your dinner mess. Brush your teeth. Do a load of laundry, set a timer, you can browse the internet while the laundry washes, and dries.
7:00 PLANNING TIME. This is the most important thing you do every day. Grab your sheet of paper and plan tomorrows activities. Make a list of short term goals, tomorrows dinner menu, items you need at the grocery store, list out the bills you have to pay, write out a budget, put down all those tedious chores you've been putting off. Cross items off the list that you've completed today. Cross off every item, even things like showering and shaving, those are victories and you should be proud of them. Short term goals on only belong on this list. Finding a job is a good goal, showing up at the job five minutes early is a good goal, not arguing with your boss is a good goal. Taking your kids to a supervised lunch next year is a long term goal, it doesn't belong on this list yet, you aren't ready for long term goals yet, and probably won't be for a year or more. Make a separate list of long term goals, and put it away. Don't dwell on it yet.
8 pm Watch a game of TV, at home, or watch some boring show with grandma. You don't get to go out with your so called friends. Your "friends" aren't helping you at this point, they're only hurting you. If a friend wants to help, they can come over sober and without beer, and watch TV with you. This may seem like a boring evening, but it's not really. Eventually you'll appreciate the quiet time with grandma, and find some mindless TV series to follow.
9:30 Turn the TV and PC off. You need to get into light deprivation mode to prepare yourself to sleep. Read the paper, do a crossword, brush your teeth, set your alarm for tomorrow morning.
10:15 Make yourself a cup of Bigelow Sleepy Time tea. It doesn't actually make you sleepy, but it is amazingly good for calming the racing thoughts going through your head. Go straight to bed while the tea is still working. You can sleep without stress now, you've probably got some good exercise working during the day, that will help you sleep, you don't need to stress about tomorrow, because you have your schedule planned out already.

Live your life without deviation from that pad of paper, you make all decisions ahead of time, once they're committed to paper you don't have to stress about the fifty things you haven't accomplished yet. You can only do one thing at a time, and you have a plan to get them all done eventually. No stress, you make good decisions ahead of time, you become used to making good decisions in advance. In time you realize, hey, I feel great, this isn't so hard. Put things on your list that help others, you'll feel better about yourself helping someone else, it's human nature. Avoid last minute distractions, if a buddy calls and wants to go to a ball game tonight, tell him no, you have plans. Then plan to go to the next ball game when it fits into your budget, and it doesn't screw up your list. Spur of the moment decisions just aren't working for you, so don't put yourself into situations where you have to make them. That pad of paper is your lifeline, make your decisions in a methodical manner and making good decisions will end up being second nature to you.

Drink lots of water, eat well, don't dwell on what you can't yet control, commit short term tasks to paper. On paper, out of your mind. Simple, positive, baby steps, doable.

Find yourself with free time after doing all this, schedule blocks of time for self improvement. Avoid addictive activities such as online games. Take an online course, volunteer at a local charity, teach yourself a trade, always wanted to learn to weld, do pottery, whatever? Find a place that does it and offer to sweep their floors in return for instruction. Choose something fun. You have very little tying you down right now. Choose to do something interesting as a career. Work the boring job without complaint until you can progress to the fun job. Just take it a step at a time. If you succeed at this for a year, then start working on long term goals in a year or so.

Cut the other drunks out of your life, online, in person, wherever. You can't help them out, you have to help yourself first. Create a thread and update us on your progress, like once a week. You don't need to our attention, so don't check the thread every fifteen minutes.

You'll do anything for your kids, right? Start off leading a boring, preplanned life for them. It's probably your only chance at getting back into their life years down the road. Do you have to do this forever, probably not, but you have to do it for a long time.


I'm not a psychiatrist, but I play one on the internet.

[Celephais]

BORING!!

[AnticorRifling]

You're trying to get him to turn into a douche and kill himself in one post, nicely done.

[AnticorRifling]

But no seriously, that's some gay gay beef wellington gay advice.

[Ker_Thwap]

Eh, he's already killing himself, it's just in slow motion currently.

[AnticorRifling]

Eh, he's already killing himself, it's just in slow motion currently.

Aren't we all? Or do you have some live forever pill we don't know about?

[Ker_Thwap]

What's your advice, keep drinking til you get killed in a bar fight, kill someone in a bar fight and spend your life in prison, or get kicked out of Grandmas house and live in the streets?

My boring method is at least full of interesting options in the long term.

[Keller]

Android had a good suggestion.

Stop wasting our time.

[Clove]

SoT if I've been assaulted badly enough to end in a hospital visit on 2/22 by 2/23 criminal charges are filed. Just keep that in mind for the future.

Oh. And stay away from alcohol. Period. If AA doesn't keep you sober, find something else that does. One of these days your exploits are going to result in something worse than personal injury/misdemeanor/comic relief for us.

Celephais. Epic. Mad. Lib.

[Stanley Burrell]

Let us eat, drink and be merry, for tomorrow we (may) die.

[4a6c1]

That is 100% the most outrageous thing I have EVER seen online: A man posting a responsible schedule.



(Proof of evolution? Darwin would be proud.)

[Suppa Hobbit Mage]

http://4.bp.blogspot.com/_2b-Ntp4vckw/Shml5s32ocI/AAAAAAAADgs/KsqGr5gTJJE/s400/20090520_sadpanda_4.jpg

[4a6c1]

That little baby is giving me the evil eye. MAKE IT STOP.

[Methais]

http://4.bp.blogspot.com/_2b-Ntp4vckw/Shml5s32ocI/AAAAAAAADgs/KsqGr5gTJJE/s400/20090520_sadpanda_4.jpg

http://i11.photobucket.com/albums/a162/DoyleHargraves/Clipboard01-43.jpg

[StrayRogue]

Hilarious trainwreck is hilarious.

[Clove]

...From everything I can tell, you're an alcoholic and depressed. Both of these can be treated the exact same way, because at the core of it all, they are simply bad habits. All a habit is, is a repetitive action...Alcoholism and depression (at least clinical depression) are NOT merely bad habits.


I'm not a psychiatrist, but I play one on the internet.Clearly, how about leaving the psychiatry to the professionals (and in return I'm sure the psychiatrists will avoid trying to do whatever you do).