Legal Question in Criminal Law in California
My son who is 17 yrs old was attacked by a 18yr old and had laid in a fetal postion as this kid hit my son several times in the head and the abulance was contacted and by son was rushed to the ER. The father of 18 yr old contacted My Husband & I to get a update on my sons condition and wanted to know if we had pressed charges against his son. My husband had advised a police report was taken, but no charges pressed, but would like to be reimbursed for the medical expenses. The father had requested copies of the bills, but we still haven't received pmt for the $ 800 bill. Please advise on
what recourse my husband & I can take to pursue for payment for medical bills.
3 Answers from Attorneys
You are selling yourselves (your son) short. You should be suing them for tens of thousands. Watch out for legal time limits.
File a civil lawsuit against the 18 year old for battery, and request punitive damages. If your son is a minor at the time of filing, you will have to have a guardian ad litem appointed. Speak to a personal injury attorney for details. The statute of limitations is now two (2) years for personal injury, and it is tolled while your son is a minor.
It would be utter nonsense to allow a violent criminal to get away by his daddy paying a few dollars to avoid the criminal consequences of his behavior. Press criminal charges, and file suit against the criminal. Letting this criminal away with this just means he'll be emboldened to do it again to some other victim. If you finally decide to do the right thing, feel free to contact me for legal help.
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