Legal Question in Personal Injury in California

I was involved in a fight at an amusement park. i threw a punch to a person who was threatening me.

The victim had a fractured nose and he was admitted at ER and treated an hour after the fight. His expenses paid to hospital was $2189.00

His blood alcohol level measured at ER was twice the legal limit.

I was charged with a misdemeanor and sentenced to probation and community work and paid his medical expenses.

can he still sue me or I can sue him in a civil case and demand for compensation due to the fact that according to the police report he started the fight and approximately what is the maximum that can be sued in a case like this.


Asked on 5/21/15, 4:37 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

He can still sue you for battery (the intentional tort, not the crime) in civil court. While you have paid his medical expenses, he can still sue for non-economic damages such as pain and suffering, as well as punitive damages.

If you were to sue him, you would have little to no chance of winning. You threw the first punch. It is a general rule of law that mere words alone are insufficient provocation to justify an assault. There are some limited exceptions to this, but if those were applicable here, you wouldn't have likely been convicted and given probation (unless you took a deal). Keep in mind that even if the police report states that he started the fight, if that really was the case, then why were you convicted?

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Answered on 5/22/15, 9:18 am


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