Legal Question in Personal Injury in Florida
Battery
My son was hit over the head with a gin bottle by the women that he rented from. He called 911, the police came and she was sent to jail. He has been living there for about 7 months. She was drunk, got mad at him and hit him. I went and got him and brought him home, took pictures and took him to the doctor. What can we legally do to her? She owns the house. I have spent over $200 in doctor bills, not to mention other expenses involved. Shoudn't she be responsible for something? She went to jail. Thank you for any advise.
3 Answers from Attorneys
Re: Battery
Intentional acts are usually excluded from coverage under a homeowners policy. An attorney would need to examine the actual policy to determine whether you could pursue a claim on that policy. If the woman has assets, you can file suit against her anyway. However, be aware that certain assets (such as a primary home) are protected under the Florida Constitution.
If you just need money to help with his bills,etc there is a crime victims compensation fund under which your son can receive money from the State for his bills. If you later get restitution awarded by the criminal court you will have to pay the compensation fund back.
Re: Battery
I assume that your son was not hurt and sufferred no lasting injury. If so, his claim can easily be brought in small claims court without the assistance of a lawyer. He is entitled to recover his medical expenses, lost wages and something for pain and suffering.
Re: Battery
If there are criminal charges brought against the women and a conviction, your son should ptu in for restitution through the victim's advoocate. In addition, there is a crime victims trust fund that pays for bills.
Hwe would also be entitled to sue in civil court for bills that have not been paid and pain and suffering. It is possible the homeowners insurance may apply, though this sounds like an intentional court which could be an exception to coverage.