ABA Family Legal Guide

Personal Injury

Intentional Wrongs

I got a black eye in a fistfight with a man whose car accidentally bumped into mine while we sat at a red light. I would love to get even with him. Can I recover if I sue him?

Normally, you could recover damages in a civil battery case against someone who hits you. But a court might hold that two people who get into a fistfight in effect agree to being hit by one another. If so, a battery case probably would fail. A lot would depend on the facts of the case. Who started the fight? Were you simply trying to defend yourself from his aggression? Were there witnesses? What would their testimony be?