How to Avoid a Lawsuit if You Have to Fight

How do you avoid becoming mired in litigation after you've been in a fight? Here are some guidelines to follow to lessen the odds of a lawsuit.

Difficulty: Moderately challenging

Instructions

Things You'll Need:

• Self-help Law Books
• Attorney Referral Services

1. Don't provoke a fight. Inherent in the legal concept of self-defense is a knowledge of who is at fault, or who started the fight.

2. State loudly, "I don't want to fight you" to an attacker. If overheard by witnesses, it adds support to your case should the attacker become injured and try to sue.

3. Seek to escape as soon as possible when attacked. The longer the fight goes on, the greater the chances for injury and litigation.

4. Don't wait until you are physically struck to use the force necessary to prevent being physically harmed. If an attacker raises his fist or a knife, prepare to strike fast and hard. You're still the victim who is acting reasonably against bodily harm.

5. Practice degrees of self-defense. Know the difference between an annoying relative and a serial killer and how to deal with each. Discriminate between escape and control techniques (side steps, throws, joint locks) and contact techniques (strikes, gouging, breaks). Keep your technique proportional to the circumstance.

6. Research the laws in your area. Call the Public Defender's office, check the Law library or scan the Internet to find out the legal basics of self-defense. When is self-defense necessary, proportional, reasonable? When is deadly force acceptable? When is it okay to use a weapon?

Tips & Warnings

• When you have to use force, only use that force necessary and deemed reasonable to protect yourself, another person or your property.
• Laws vary widely across countries. In America, some states allow the prosecution to offer evidence of the defendent's past, such as a history of violence inflicted on a spouse.
• These guidelines are not a complete nor a consistent representation of self-defense law in all situations. Seek professional legal advice to learn more about local statutes and laws.
• Using excessive force, disproportionate to the circumstances, may lead to a lawsuit. You could be charged with a crime that ranges from simple assault to murder.

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on 2/15/2006 Equal force is generally a good rule of thumb. If someone raises a hand to punch, one could punch back.