Legal Question in Personal Injury in California
Being sued for bodily injury for a fight the other guy started
I'm being sued for bodily injuries for a fight that the other guy started. The criminal charges were dropped, the District Attorney denied the case as mutual combat. The other guy did have a bloody nose and a black eye. I have not accepted the certified letter yet that is going to be notifing me of the case. I am a full-time college student living with my parents. I am not employed and have no money. Does the other guy have a case? Do I need to get an attorney? Should I accept the certified letter? Any advise would be greatly appreciated.
3 Answers from Attorneys
Re: Being sued for bodily injury for a fight the other guy started
With all respect to attorney Nelson, settle, hell. You fought back in person -- why not countersue?
Re: Being sued for bodily injury for a fight the other guy started
Call your parents homeowners insurance. They may have coverage for this. If so, let them deal with it. If not, you can either talk settlement, show up and defend yourself, or file your own lawsuit. But, we don't know if you were sued in small claims court or in superior court and that would be an important piece of information to have.
Just make sure you don't escalate something into a matter that takes up more time and energy than it is worth.
As for whether he has a case, no one can answer that without knowing all of the facts.
Re: Being sued for bodily injury for a fight the other guy started
The case depends on the facts and credible defenses. Refusing the letter doesn't help you in the slightest. Check your homeowners' insurance to see if they will provide a defense. If not, get an attorney, because a judgment for assault and battery would NOT be dischargeable in bankruptcy, and would follow you forever until paid. It is likely you can settle for far less than paying to go to trial.