Legal Question in Criminal Law in California
While walking to a bar my boyfriend was approached by three men asking if I was his girl. A few violent words were exchanged and punches were thrown, the three men knocked him to the ground, kicked him in the head and ran off. He was so drunk he has so recollection of the incident, but he was sent to the hospital, got stitches in his chin, and had both a CAT scan and MRI tests done. If he took them to court, would he be able to get the large medical bill paid for even though he himself has no memory of it?
3 Answers from Attorneys
Yes, we can assist in locating a civil attorney for you.
Probably, but not necessarily. You say "words were exchanged and punches were thrown", but you don't say who started any of it. (You also refer to "violent words", which is a nonsequitur. Words can be hostile, but they can't be violent.) If your boyfriend was the aggressor and if the other men fought back in a way that was reasonable under the circumstances, then they would not be liable.
You say the other men kicked your boyfriend in the head after he was on the ground. That sounds pretty unreasonable. They are probably liable for whatever injuries their kick(s) caused, as well as for whatever tests were reasonably necessary as a result. But with only the limited information you have given us, I can't say whether they are liable for any of his other injuries.
Three more points:
First, you haven't said that your or your boyfriend can identify these men. If you and he don't know who they are and can't find out, he won't be able to sue them.
Second, suing them won't do much good if they don't have money or other assets. Most people who behave the way you have described are not rich.
Third, if your boyfriend's insurance has paid for his medical care, it will be entitled to some (or all) of any money he recovers from his attackers.
Your boyfriend should meet with some good local attorneys and discuss his case with them in detail.
Good luck to both of you.
"Taking them to court" means filing suit and winning a judgment or getting a settlement. Doing so requires that it makes economic sense. There are going to be two conflicting versions and sides to this story, and there are going to be defenses raised against any such claim, and there will be counter-suits filed by the other parties against your boyfriend which he will have to defend. Thus, after such analysis, IF the case has merit [likelihood of winning and the other side found liable], value [substantial provable damages, such as medical injuries and financial losses] and collectability [defendant with sufficient insurance coverage or available assets to collect against], feel free to contact me if serious about getting counsel.
Related Questions & Answers
-
My boyfriend was seen getting out of the passanger seat of a car. After the driver... Asked 12/08/10, 5:37 pm in United States California Criminal Law
-
In san joaquin county, re document "prelim hearing minutes" On the second... Asked 12/08/10, 6:44 am in United States California Criminal Law