Legal Question in Criminal Law in California
My 18 year old daughter recently got into a fight with another adult female. She ended up with permanante damage to her eye and the doctor bills are adding up. Does she have a case for a law suit to compinsate her dissability and her doctor bills?
3 Answers from Attorneys
The first question you need to ask is what your daughter has to gain, even if she wins.
Does the other woman have any money to pay the bills? Lawsuits are expensive, and it makes no sense to spend thousands of dollars to sue someone if you'll never get your money back.
I agree with Mr. Marshall. He mentioned a very important practical issue, but I want to explore the legal issues.
Bear in mind that, in order to win at trial, your daughter will have to prove that the other woman is at fault. Proving that they fought is not enough. If your daughter was the aggressor and the other woman fought back in ways that were reasonable under the circumstances, then your daughter will lose. The same *may* be true if the other woman was the aggressor but your daughter overreacted, forcing her opponent to use significant force in response.
If the police and DA refuse to prosecute, you can bring civil suit against her, but you face the test of whether it is practical to do so. If the case has merit [reasonable likelihood of winning], value [substantial recoverable financial damages], and collectability [defendant with assets or insurance coverage], all of which are necessary unless you are willing to pursue this on 'principle' knowing you won't get back the money you spend doing so, then feel free to contact me.
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