On any given Friday or Saturday night, you might see bouncers at an Atlanta nightclub throwing people out of the club. Maybe they’re dealing with a drunk customer who is harassing other patrons. Or maybe the person was threatening to assault another customer.
Regardless of the reasons, security personnel at a nightclub have a duty to deal with all patrons in a safe and reasonable manner. If they assault you while trying to escort you out of their nightclub, you may have a claim for damages. The only way to know for sure is to talk to one of our experienced Atlanta personal injury lawyers.
Who Caused Your Injuries – an Employee or Customer?
Sometimes, it isn’t the bar’s bouncer at the nightclub who assaults you. It could be another patron. If security was already aware that this customer was inebriated and starting trouble, the club’s owner may be liable for any injuries you suffer.
For example, imagine a customer of the nightclub is thrown out by the bouncer and sneaks back in. A half-hour later, the same drunken patron starts giving you a hard time. You ask them to back off and, instead, they smash a bottle over your head. You end up needing stitches and learn that you are now partially blind in your left eye.
It seems like the club’s owner should be responsible for your damages. While it may seem obvious to you, it’s still a good idea to meet with an Atlanta personal injury lawyer to see if the law agrees with you.
Can Your Atlanta Personal Injury Lawyer Prove You Weren’t at Fault?
As we will discuss in more detail later on, there’s always the chance that the defendant will say you started the nightclub fight. Your attorney will have to prove that this wasn’t the case. They can do so using witness statements as well as your own statement. In addition, they can get a copy of the club’s video system to show what happened.
If You Prevail, What Kind of Damages Can You Demand?
Your Atlanta personal injury lawyer is going to do whatever they can to get you the compensation you deserve. If you do win your case against the defendant, you can expect to receive some or all of the following damages:
- Medical bills and reimbursement for future medical care
- Lost wages
- Any future lost income you suffer as a result of the assault
- Pain and suffering
- Property damage if applicable
Keep in mind, more than 95% of Georgia personal injury cases settle. There’s always the chance that your attorney will bend on some of these so that they can get you a lump sum on an immediate basis.
What if You are Found Partially at Fault?
It’s hard to prove that either part is 100% at fault in any personal injury case. There’s always the chance that the court will find you partially at fault. If this is the case, it doesn’t mean your case will be dismissed. It simply means that your damages will be reduced by your percentage of fault.
This is because Georgia follows something called the comparative negligence rule. So, if your case is worth $100,000 and you’re found to be 10% at fault, your claim will be reduced by $10,000. Your Atlanta personal injury lawyer is well aware of this rule. They’ll be mindful of this possibility when negotiating a settlement with the defendant.
Will an Atlanta Personal Injury Lawyer Take Your Case?
It’s impossible to say that an Atlanta personal injury lawyer will absolutely accept your nightclub assault case. Every attorney has factors they consider when deciding whether to take on a case. If your case has merit and the defendant has assets, there’s no reason an attorney would want to turn down your case.
However, there could be a conflict of interest. For example, the attorney may have represented the nightclub owner in a separate personal injury case. Or the attorney you meet with may not feel your case is worth more than a few hundred dollars.
The good news is that they’ll be upfront with you from the start. If they don’t feel the case is something they want to handle, they will do one of two things. If there’s a conflict of interest, they’ll likely refer you to another reputable Atlanta personal injury lawyer.
If they simply don’t feel the case is ripe for legal action, they may recommend you send a demand letter and see what happens. Typically, they can do this for a small fee. The only way to know for sure is to call and schedule your free, initial consultation.
