How to Take Legal Action for Player to Fan Violence

If a player attacks you while you are watching a sporting event, then you should think about pressing criminal charges. You can also bring a civil lawsuit and receive compensation for your injuries. Before bringing a lawsuit, you should meet with a lawyer to discuss what evidence you will need. Although lawsuits are long and expensive, you may be able to reach a settlement that is agreeable to both you and the player.

Part 1

Part 1 of 4:

Building Your Case

1
Call the police to report the assault. Assault and battery are crimes, and you should report the violence no matter how famous the player may be. As soon as possible, you should call the police and answer any questions that they have.
- Also remember to get a copy of the police report. This document can be helpful in settlement negotiations down the road. A police report also may contain the names of witnesses, who you can contact to get witness statements.^{[1]XResearch source}
2
Seek medical treatment. Go to the emergency room or your doctor as soon as possible. Your health and safety should be paramount. Also get copies of all medical records. These records will help document the seriousness of your injuries.^{[2]XResearch source}
- Make sure to hold onto all medical bills as well. You can be compensated for any money spent to treat your injuries.
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3
Request a videotape of the game. Ideally, the game was broadcast over television and the attack was captured on video. If the game was broadcast, then you should contact the television station and request a copy of the game.
- If you are injured, then ask a friend to help you gather your evidence. You shouldn't delay. Sometimes television stations don't preserve video for very long.
- Tell whoever that you speak to that you were assaulted at the game and need documentary proof. Offer to show the television station a copy of your police report.
4
Get witness statements. Witness statements are critical, especially if there is no video tape. Ask anyone who saw the player attack you if they would be willing to testify for you at a trial.
- Look at your copy of the police report to identify witnesses and try to find them in the phone book or online.
- Also try to get the witness to write down their memories and have them sign and date their statement.^{[3]XResearch source}
5
Write down your own memories. You were also a witness to the violence and should preserve your memories as soon as possible. Sit down and write out everything that you remember. What you did, what the player did or said, etc.^{[4]XResearch source}
- Also document how shocked you were to be attacked. You might be able to get compensation for emotional distress.
6
Take photographs of your injuries. Vivid, color photographs are a good way to document the full extent of any bruising, bleeding, swelling, or cuts. Take the photographs as soon as possible, and make sure that the correct date shows on the front of the photographs.
- Your injuries will probably have healed by the time you go to trial. Accordingly, you will need photographic evidence to impress on the jury the full extent of your injuries.
- Ask a friend to take the pictures from many different angles.^{[5]XResearch source} Remember not to smile in the photographs, since you don't want to appear happy that you've been assaulted.
7
Meet with a lawyer. Only a qualified attorney can properly advise you about the strength of your case and what evidence would be most helpful. You should get referrals for a personal injury attorney and then schedule a consultation to meet.
- Also think about hiring the lawyer. Costs may be a concern. However, hiring an experienced attorney can make the lawsuit much easier to pursue.
- A personal injury lawyer may be willing to represent you on “contingency.” This means that the lawyer will not charge attorneys' fees. Instead, he or she will take a percentage of any jury verdict (or settlement amount). Generally, a lawyer will take 33-40% of this amount. You will still be responsible for court costs, such as filing fees and court reporters.^{[6]XResearch source}
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Part 2

Part 2 of 4:

Filing Your Lawsuit

1
Find the appropriate court. You can generally sue the player in the county where you were assaulted. You can also sue the player in the county where he or she lives. If you were assaulted by a professional athlete from an away team, then you might be able to file in federal (instead of state) court, depending on how much money you are suing for. However, you should talk about this with your lawyer during your consultation.
- If your injuries are not severe, you might want to sue in small claims court. These courts have been designed so that people can represent themselves. Also, there is no extensive fact-finding process, so the cases can be resolved faster and cheaper.
- Small claims courts have maximum amounts you can sue for. Generally, your claim must be less than $10,000, though this will vary by state. If you are interested in filing in small claims court, then ask the court clerk what the maximum is in your court.^{[7]XResearch source}
2
Draft a complaint. You start a lawsuit by filing a “complaint” in court. This legal document identifies you and the player who attacked you. You also describe the incident and the events leading up to it, as well as your injuries.
- In your complaint, you also make a demand for monetary compensation.^{[8]XTrustworthy SourceNational Paralegal College Law ShelfOnline education resource from the National Paralegal CollegeGo to source}
- Your lawyer should draft this document for you. However, if you are representing yourself, then you should stop into the court and ask if they have a printed “fill in the blank” complaint form that you can use.
3
File the complaint. After you have finished the complaint, you should make multiple copies. Take the copies, along with the original, to the court clerk and ask to file. The clerk should stamp all of your copies with the filing date.
- You will probably have to pay a filing fee, which will vary by court. If you can't afford the fee, then ask for a fee waiver form.^{[9]XResearch source}
- If you have a lawyer, he or she will handle all aspects of filing the complaint and will bill you for the filing fees.
4
Serve notice of the lawsuit on the player. You need to give the player notice that you have filed the lawsuit. This notice will consist of a copy of the complaint and a “summons,” which is a legal document you can get from the court clerk. The summons tells the player how much time he or she has to respond to your lawsuit.^{[10]XResearch source}
- Each court accepts only certain methods of service. Your lawyer should be well-versed on how to deliver a copy of the complaint and a summons on the player.
- Generally, you can have someone hand-deliver a copy of the complaint and summons. You could pay the county sheriff a small fee to make delivery or you could hire a private process server. In some courts, you can also have someone 18 or older make hand delivery, provided this person is not a party to the lawsuit.
5
File your proof of service with the court. Because giving notice to the defendant is so important, you must file proof with the court that you had service made. You can generally have the server fill out an “affidavit of service” or “proof of service” form. You can get this form from the court clerk.^{[11]XResearch source}
- If the sheriff makes service, then he or she might file the form with the court clerk for you. However, you are always ultimately responsible for filing. If the server returns the form to you, then make a copy for your records and promptly file the original.
6
Receive the player's answer. The player generally has 30 days or so to respond to your lawsuit. He or she will probably file an “answer,” in which the player responds to each allegation that you made in the complaint. The player should admit, deny, or claim insufficient knowledge to admit or deny each allegation.^{[12]XResearch source}
- The answer should be sent to your lawyer. You should ask your lawyer for a copy of all documents filed in the case so that you can keep up with what is happening.
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Part 3

Part 3 of 4:

Preparing for Trial

1
Request helpful documents. After the player responds to your complaint, the lawsuit enters a fact-finding phase called “discovery.” In discovery, you and the player can request information from each other. One discovery method is called the “Request for Production of Documents.” You can request that the player give you any document, even one only slightly related to the case.^{[13]XResearch source}
- For example, you might request a copy of any insurance policy that the player has. You can also request any email the player might have sent that mentions the incident. The player might have admitted to a friend or family member that he hit you. In this case, the email would be powerful evidence at trial or settlement discussions.
- The player might resist turning over documents. In this situation, you will have to file a motion with the judge to compel the release of documents.
2
Ask the player to sit for a deposition. You can also ask questions of the player during discovery. You can ask written questions, which are called “interrogatories,” or you can ask questions face-to-face in a “deposition.” A deposition allows you to ask follow-up questions and is, therefore, the most powerful discovery tool.
- Your lawyer will schedule a deposition for the player to come in and answer questions under oath. A court reporter will record the questions and answers.^{[14]XResearch source}
- During the deposition, the lawyer will try to “lock in” the player to a story about what happened. If, at trial, the player tells a different story about what happened, then your lawyer can confront the player with his prior inconsistent statement. This is a great strategy for undermining the player's credibility.
3
Give your own deposition. As the person attacked, you will probably also have to sit for your own deposition. You may feel nervous; however, your lawyer should help you prepare by reviewing your evidence and perhaps even doing a trial run. Remember the following tips for giving an effective deposition:^{[15]XResearch source}
- Listen to the question and make sure that you understand it before answering. If you don't understand the question, then ask the lawyer to clarify.
- Don't guess. Simply say, “I don't know,” if you really don't know. Also avoid giving estimates.
- Always tell the truth. Truth is your best weapon. Lying under oath is also against the law.
- Don't volunteer information. Answer the question asked but don't offer anything else.
- Confer with your lawyer if you need to.
4
Defend against a motion for summary judgment. Discovery can take a long time—a year or so in some cases. At the close of discovery, the player might move for “summary judgment.” The defendant will argue that there are no “material” (meaningful) issues of fact in dispute and that he or she is entitled to judgment as a matter of law.^{[16]XResearch source}
- Your lawyer will argue that the player should not win summary judgment because there are meaningful factual issues in dispute. For example, there may be no video of the game, and the player might argue that you spit at him before he punched you. You deny spitting. In this situation, there is a factual issue of whether or not you first assaulted the player.
- As the person bringing the lawsuit, you could also file a motion for summary judgment, though it will probably not be granted.
5
Negotiate a settlement, if possible. You might benefit by settling the case instead of going to trial. Settlement negotiations can happen at any time, even before you file a lawsuit. Negotiating a settlement would be a good way to avoid a lengthy and expensive lawsuit.
- If you reach a settlement, then make sure to sign a settlement agreement. This document becomes the contract between you and the player.^{[17]XTrustworthy SourceNational Paralegal College Law ShelfOnline education resource from the National Paralegal CollegeGo to source}
6
Sit in on a trial, if you are representing yourself. If you have no attorney, you might be intimidated at going to court to represent yourself. For this reason, you should try to sit in on a trial and watch what happens. Courthouses are open to the public, and you can typically watch any trial taking place. Stop in and ask the court clerk if there is any personal injury trial you can watch.
- Pay attention to where the parties sit and where they stand when asking witnesses questions.
- Also listen to how they address the judge. Do they call the judge “Your Honor”?
7
Put your evidence in some order. As your trial approaches, your lawyer will gather all of your evidence and get prepared for the day of trial. Your evidence will likely consist of witness testimony and documentary evidence. If you are representing yourself, then make sure to do the following:
- Serve witnesses with a “subpoena.” A subpoena is a legal command to appear at court on a certain day and testify or hand over documents. You should fill out a subpoena for any witness you are afraid won't show up to testify. You can get a subpoena from the court clerk.
- Create exhibits. You should take documents you want to use at trial and turn them into exhibits. You can get exhibit stickers from the court clerk or from an office supply store.^{[18]XResearch source} Affix the sticker in a corner where you don't cover up any text.
- Make copies of your exhibits. You will need several copies of your exhibits, including one for the other side. Make at least three copies of every exhibit.
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Part 4

Part 4 of 4:

Going to Trial

1
Pick a jury. Either you or the defendant might have chosen to have a jury. Generally, you can't get juries in small claims court. If you are bringing a case in small claims, then the judge will hear your dispute. In regular civil court, however, you can usually have a jury if you want one.
- During jury selection, the judge will call a panel of potential jurors up to the front of the courtroom, where they will be asked questions. Generally, the judge will ask basic questions about each juror's career, hobbies, and whether or not they know either you or the defendant.
- If you don't think a juror can be fair, then you can ask the judge to excuse the juror “for cause.” For example, the juror might have watched the incident on television and have made up his mind already.
- You also will get a number of “peremptory challenges.” With these, you don't need the judge's permission to dismiss the potential juror. However, you can't use peremptory challenges in a way that discriminates on the basis of race, ethnicity, or sex.^{[19]XResearch source}
- If you have a lawyer, he or she will handle everything at trial, including jury selection. You can offer your advice, but you should trust in your lawyer's experience.
2
Deliver an opening statement. You will give your opening statement first. Make sure to keep it brief. The purpose of an opening statement is to give the judge and jury a roadmap for the evidence that you will present.
- Stick only to the facts. You shouldn't argue in the opening statement. Instead, always preface your statement with “As the evidence will show.”
- Also disclose any “bad” facts. A bad fact is something the defense will bring up to excuse its actions. If you bring it up first, then you can take the sting out of it. For example, you might have sworn at the player several times during the game. If the defense has a witness who will testify to this, then you should admit it in your opening statement.
3
Present your evidence. You will go first. Stand and tell the judge who you are calling as a witness. You can begin questioning by asking the witness his or her name and occupation. Also make sure to establish that the witness has personal knowledge of what they are testifying about.^{[20]XResearch source}
- For more information, see Question Witnesses when Representing Yourself.
4
Cross-examine the player's witnesses. The player is able to present witnesses second. You have a chance to cross-examine each witness, including the player. When cross-examining witnesses, keep the following principles in mind:
- Decide if the witness has information that is helpful to your case. For example, a witness might have heard you swear at the player. However, the witness might have also clearly seen the player swing at you and punch your face.
- A witness might not have any helpful information. In this situation, you want to diminish the witness's credibility. You can do this by “impeaching” the witness with a prior inconsistent statement. If the person's testimony differs from their deposition testimony, then confront them with the prior inconsistent statement. Ask them if they gave a deposition and then read out the statement. Ask the witness to explain the inconsistency.^{[21]XResearch source}
5
Make a closing argument. After all evidence has been presented, each side gets to make a closing argument. You will go first. The purpose of closing argument is to sum up all of the evidence and show the jury how it supports your version of events.
- Remember to mention specific pieces of evidence. If you mention a document, then hold it and show it to the jury as you talk about it. Also remind the jury of witnesses by name.
6
Receive the verdict. The judge will read the jury its instructions before they retire to deliberate. If you are in small claims court, then the judge will probably deliver the verdict from the bench. In many state courts, juries do not have to be unanimous. Instead, you can win if 3/4 or 5/6 of the jury agrees with you. In other words, if nine or 10 jurors on a 12-person jury agree with you, then you can win.^{[22]XResearch source}
- You might be able to appeal if you lose. Sometimes, you can't appeal in small claims court, but you generally can appeal if you presented your case in regular civil court. Talk with your lawyer about whether an appeal would be worthwhile.
- Don't delay. You typically have 30 days or less to file your Notice of Appeal.
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