Legal Question in Personal Injury in Georgia
Last week, my sons attended at birthday party at a home in our neighborhood. A group (gang) of boys ages 14-18 attacked my sons. My oldest son suffered bruises to his eye and mouth, and pain to his abdominal area from being kicked. My youngest son suffered the same injuries plus two missing teeth. One of the assailants lives at the home where the incident took place. I believe his mother is renting the home. Do we have a valid case to take to court or should try small claims court?
3 Answers from Attorneys
You don't say what the damages are, any role your sons played, etc. You'll need to see a lawyer to review all facts. Presumably, you immediately called the police and have that report.
Unless the damages are more than what they appear to be (I'm assuming they are not over a few thousand dollars), you could pursue it in small claims court. Be sure before you proceed that your children were not also at fault.
I hope that you called the police and that the offenders are being prosecuted. This type of behavior should not be condoned. Also, sometimes restitution is ordered by the court in criminal prosecutions, particularly in juvenile court. Keep careful records of all medical/dental expenses. There is often a type of insurance coverage under the homeowner's policy, called "med-pay," that will pay medical bills for injuries that occurred on a person's property regardless of fault. Find out the identity of the homeowner's insurance company for the residence where this happened and make a claim.