Legal Question in Personal Injury in California
should i expect to be sued?
My wife's ex called me one afternoon w/regard to me punching his 15 y/o son in the head. I replied that I had slapped him with an open hand. He then told me that a mutual friend had told him i had been bragging about punching his son in the head. Then he proceded to cal my wife a whore & said that's what she was doing when he met her (He was her neighbor when they met) & that's what she was doing when i met her. I then went to his home, pounded on the door. His wife answered & I pushed her aside & entered the residence. I saw him coming fron another room to see what the comotion was all about. I picked up his mountain bike & threw it at him. He caught it & came towards me & his wife. Then when he was between us he slipped on a rug & started to fall. That's when i kicked him & punched him squarely in the head. Down he went. but he got right back up & asked his wife if she was injured. At that point he said call the police. Then he disappeared & came back with a gun. I was already leaving & I went home. The police came to my home & arrested me. But they released me 4 hours later. So far the D.A. hasn't filed any charges against me. My mother-in-law told me he has medical bills totaling over $200,000 & growing. I'm a black belt.
3 Answers from Attorneys
Re: should i expect to be sued?
It sounds like you should seek legal counsel.
Re: should i expect to be sued?
Sued and charged with multiple felonies is what I would expect.
Re: should i expect to be sued?
You probably deserve to be sued based upon what you have written (insults to your wife do not legally justify assault and battery), but whether you will be will depend upon a variety of other factors. The most important of these is whether you have assets with which to pay a judgment. If you don't, the ex will have a hard time finding a lawyer and may not want to proceed without one.
You should also worry about being prosecuted -- both for the attack on the father and the earlier incident with his son. If I were the local D.A. I would probably go after you at least for the later incident.
By the way, $200,000 in medical bills sounds pretty high for the type of battery you describe. It's plausible, but I'm skeptical. If the actual bills were more modest, there will be less incentive for the ex to sue -- and for a lawyer to take the case, even if you do have assets.
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