Once we get past our early playground years, most of us will never throw a punch or dodge a kick in a fight in our lives. However, sometimes things get out of hand, and you may find yourself in a self-defense situation where you have to participate in a physical fight to maintain your (relative) safety. Injuries incurred in self-defense can be serious and may need medical attention. In a case of simple assault and battery, you can file an intentional tort lawsuit against your attacker for compensation for medical bills, lost wages, physical and emotional trauma, pain and suffering, etc. But can you do the same if you were involved in a fight?

Determining Culpability
To build a personal injury case against your attacker, you must first prove that they are culpable for the altercation. To do this, you must show that they were solely responsible for starting the fight. You must also show that they struck you first without any legal cause before you defended yourself.

In other words, if you were intimidating or assaulting an innocent third party at the time that the other person threw the first punch at you, then they had legal cause to strike you. In that case, they were defending the third party, and you won’t have a case. On the other hand, if you were the person defending a third party and you were injured in a fight, you could be due compensation afterward.

If you decide to pursue a personal injury case against your attacker, be aware that they will most likely attempt to disprove your case by bringing up at least one of the following defenses:

• Consent – They may attempt to show that you consented to fighting them and that you were aware or should have been aware that they might strike first and/or injure you.
• Defense of property – They may bring evidence showing that they struck you to prevent you from damaging, destroying, or taking their property.
• Contributory negligence – They may try to show that you did not act in a way to end the fight or preserve your safety. This defense could include drunkenness on your part, inappropriate confrontation, and/or unreasonable provocation.

In addition to these three defenses, your attacker may also attempt to use a self-defense or defense of a third party argument, as we discussed earlier. If you can eliminate these defenses, then you have a good case for a personal injury suit.

Determining Liability
After you’ve proved that your attacker is culpable for the fight, it is then determined that they are also liable for damages you sustained during the fight. At this point you will have to bring evidence of injuries, medical bills, lost wages, damage to property, and any other trauma or damages caused by the fight. This will determine how much you are owed in compensation.

What to Do If You’re in a Fight
If you are unfortunate enough to be in a fight that is not your fault and that you did not consent to, you should know what to do afterward to improve your case. First, call the police. When they arrive, you’ll be able to explain the situation and get a police report.

Then, once you know a police report has been filed on the incident, talk with any witnesses in the area, especially those who have no affiliation with you. Gather their contact information to give to your attorney. Then you’ll want to get as much picture and video evidence together as you can. All of this will help you when you call your attorney, which is, of course, your next step in getting compensation.

If you’ve been in a fight and you believe that you’re owed compensation for your injuries, call a personal injury attorney today to discuss your case.

If you’ve been injured in an accident or traumatic incident through no fault of your own, you may have a case against the responsible party or parties. Under tort law, to receive payment for pain and suffering, medical bills, and other damages, though, you will need to prove negligence on their part.

Knowing this, after the incident you sought legal counsel. Your attorney seemed to understand the case and to have a good plan of action moving forward. After signing your retainer, though, you’ve found that you’re not at all happy with your lawyer’s performance. You know that you signed a retainer agreement with your attorney and that you are now bound to them, but if things continue as they are going right now, that agreement could cost you a great deal of money in your settlement. What can you do? Can you fire your lawyer and seek other legal counsel after you’ve signed your retainer?

You Are Not Prohibited From Changing Lawyers
Yes, you can change lawyers after you’ve signed a retainer. Typically speaking, attorneys’ engagement letters do not prohibit clients from ending the relationship with the attorney and moving to a different attorney and/or a different firm.

In most personal injury cases, you will not pay your retainer in advance, but you will rather deduct a percentage of your settlement to pay your attorney once the case is completed. This means, if you want to change attorneys at any time, you will simply need to send a Stop Work letter to your old attorney and have them sign a “Consent to Change Attorney” form.

Be aware, however, that your old attorney may place a lien on your case if they have already performed significant work and put time and effort into it. This will mean, once your case is settled, that you will owe your old attorney for the work they performed before you terminated your retainer agreement with them.

In general, retainer agreements will stipulate what, if anything, you will owe your attorney should you terminate your working relationship with them. If you are changing attorneys because you believe your case can be better handled by someone else, it is often worthwhile to agree to the lien and move forward. If you are simply changing lawyers because you think you’ve found a better deal with someone who will charge you less, you may want to rethink it.

Considerations Before You Sign Any Retainer Agreement
With all of this in mind, be aware that – unless you terminate your retainer within the first days of working with your attorney – you will most likely owe some compensation for their work. Before you agree to sign a retainer, you may want to do some research and follow up with your attorney’s references. Check their reviews online, and ask friends and colleagues if they have any experience with this particular lawyer or with one that they would recommend.

Finally, be sure to read your retainer agreement thoroughly. If any detail is unclear or makes you uncomfortable, make sure that you have a full understanding of it before you sign. If you have questions about your case and whether or not you should change lawyers, call a reputable personal injury attorney in Los Angeles today. You’ll be able to discuss your rights, how terminating your retainer agreement will affect your case, and what you can do to get the most compensation possible. These consultations are often free and can help you make the right decision for your case and your future.