Legal Question in Civil Litigation in California

Hi:

I would like to first take a moment to introduce myself. My name is Colin Jones. I am a recently admitted California attorney in the process of growing my practice.

Please note: These are very general answers to your questions and a full description of the facts, dates and times of your case must be heard before.

First: The criminal prosecution, as you know, is being handled in the military courts by a prosecutor. That case may or may no result in a conviction, and as a result, some form of punishment, ranging from probation to jail time may be imposed. Therefore, that part of the incident is out of your hands.

Second: A civil suit may be a possibility. You can file a suit based on assault or battery against the 55-year old man. You may have the possibility of filing a negligent hiring, negligent supervision and general negligence claim against the bus company. HOWEVER, there would need to be more facts for that to be an option.

Where in California are you located? Was this on a public bus? Have you spoken to other counsel?

I am currently out of the state, but can refer you to a firm I previously worked out, where they offer free consultations.

Sincerely,

Colin M. Jones

As guardian, you could bring a civil case for assault and battery. You will find an attorney willing to do only if it the case has merit [likelihood of winning], value [substantial provable damages] and collectability [defendant with substantial assets or insurance]. In your case, if you have credible witnesses that show this was an actual assault, not some kind of mutual combat, or the guy defending himself from attack by your son, then you have the makings of a good case, assuming the perp was the bus driver and not some homeless guy or other person without assets or income. If it was the driver, then the bus company may be liable for your damages. Feel free to contact me if you think the case meets the criteria. Without all three, you�re wasting your time and money suing.