Tennessee Injury Law Center
My neighbor got upset with me because I complained to the police about her loud music. She came over, started arguing, and beat me up with baseball bat. The police have arrested her and charged her with aggravated assault. I suffered two broken fingers, a broken arm and have incurred thousands of dollars in medical bills. Can I sue her?
Yes. Your lawsuit is for the tort of "battery." You can seek damages for medical bills, lost of earnings and earning capacity, pain, suffering, loss of enjoyment of life, disability and disfigurement. Because the acts of your neighbor were intentional, you can also seek punitive damages.
The problem in this type of case is recovering damages. Winning a case is one thing, but actually being able to collect money is quite another. Most people who go around hitting people with baseball bats don’t have any money to pay for the harm they cause.