Legal Question in Personal Injury in Georgia

civil suit: how much can I expect

i was assualted in my face by a juvenile which resulted in about $90,000 worth of surgerys. Our in surance payed most of it but we are out of pocket about $6,000 from insurance deductables. We took him to court recently and he was charged with felony assualt and battery. We now started our civil suite against the family. The family fought us the whole way through it. We have not been compensated yet for anything what so ever. Come to find out we have no access to there insurance policy cause it was an itentional act. But we are continueing with the law suite anyway. could you tell me how much I could be expecting as a payoff?


Asked on 12/06/01, 9:56 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: civil suit: how much can I expect

There are no facts on which to base an answer to your question. If I assume that the juvenile and his parents are judgment proof (have no money), then you probably can expect zero as a payoff. In Georgia, you can sue the juvenile. See, 51-11-6. Infancy is no defense to a tort action so long as the defendant has reached the age of election and accountability prescribed by Code

Section 16-3-1 for criminal offenses. So, you could get a judgment against the juvenile, for what good that will do you. If your attorney can link any of the $ judgment (and you should get something with $90,000 in medicals from an intentional tort) to the parents, you can collect on any of their assets that are not mortgaged (in GA, DSD) --> but, that is usually very hard collection work.

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Answered on 12/07/01, 12:00 am


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