Legal Question in Personal Injury in California

Assault - fist fight at the mall

I was attacked at the mall while christmas shopping with my brother and sister. We had stopped to talk to some friends. one of them was waving to someone they knew on the lower level. My brother looked over the edge to see who she was waving at. One of the three men (early twenties) that she was waving at began shouting at my brother claiming that he had thrown something at him. He continued to do this for probably two full minutes until i approached the edge to see what was going on. At this point he began shouting at me telling me that he was going to basically beat me up (not his choice of words.) At first i just stared at him until finally i yelled that he wasn't going to do anything. At this the three of them marched up the escalator and confronted us. The instagator was saying ''let's go outside'' and other words indicating that he wanted to fight. I repeated, ''you're not going to do anything.'' He said again ''let's go outside'' and mid-sentence he swung and punched me in the face. My brother grabbed him and another of the three came after me to hold me back. My recollection of the rest is hazy, but i did sustain injuries to the face. Do i have a case against him? is it worth pursuing? how do i go about it.


Asked on 9/25/03, 10:00 pm

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Assault - fist fight at the mall

You can at least sue him in small claims court. The limit is $5,000. This only makes sense, though, if he has a job or at least a little money. More importantly, though, you should file criminal charges. This was assault and battery. The man behaved as if he was still in grade school. This kind of conduct is reprehensible.

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Answered on 10/01/03, 7:27 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Assault - fist fight at the mall

Yes, you have a case. The reality though is, how much is it worth? I certainly hope you had no broken bones or teeth. You had pain and suffering. Would an attorney take the case? Unless you were suing a millionaire, probably not. This might be a case for a small claims lawsuit or "People's Court" broadcast.

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Answered on 9/30/03, 9:03 pm


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