Legal Question in Personal Injury in California
injury from assault
My 18 yr. old son was assaulted by his ex girlfriend, she is 16, on 12-4-01. She hit him in the head as he was trying to leave, & then she kicked him in the privates. As a result of the kick he has a bruised testicle which is now smaller than normal & is still in a lot of pain. He has seen a dr. & they said he will not lose it, but we're not sure if it will ever be normal again. He will be seeing them again if it continues to cause him pain or doesn't return to normal. He did file assault charges against her, that is in the hands of the Fresno DA. Can he sue her parents for pain & the change to his body she caused? And is there a time limit on when he can file a lawsuit? Thanks.
1 Answer from Attorneys
Re: injury from assault
Yes, your son can sue the parents of the girl who injured your boy for negligence. This would require that the girl be under the age of 18 or that she is a resident of the house. Further, your boy has until one year after his 18th birthday to file the suit.
You will want to assert several claims such as negligence, intentional infliction of emotional distress etc.
Make sure that the injuries are well documented by the medical staff and tell you boy to pursue medical treatment vigorously. The most important thing for him to do right now is to get proper medical treatment.
Your attorney should contact the parents and request their insurance information. Leave the work to the attorney. They can do it properly, quickly and without confrontation or without jeopardizing your son's case.
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