Legal Question in Personal Injury in Maryland
my 16 yr old son was getting ready to go sledding with his best friend, his mother, his sister and her 20 yr old boyfriend Saturday, December 19, 2009 approx. 12:30 p.m. The mother asked where the scrapper for the car was, someone said it was in the boyfriends truck but they did not know where his keys were. My son found the keys on the coffee table and headed outside to the truck to get the scrapper. The boyfriend came outside before my son got to the truck and my son handed him his keys. The boyfriend said in an unemotional voice, "If you every touch my keys again I'll break your nose." My son thought he was joking so he said, "Well I'll break your nose." And the boyfriend hauled off and broke my son's nose. He kept going for my son's face so my son tried to get to the ground to protect his face but the boyfriend kept kneeing him in the face. The mother, best friend, and sister came outside and kept yelling for him to get off my son that he was only 16. The mother drove us to the hospital, and the police came to the hospital to take a report. There is a summons out for the boyfriend. and my son received a fractured nose and black eye. My son will have surgery tomorrow December 30, 2009 to repair the broken nose. Can my son be repaid for medical and pain and suffering? We were suppose to go snowboarding over the winter break and when school is in session I work 14 hour days so this really ruined our break. And my son is terrificed of needles, so it took some convincing to get him to agree to have his nose repaired. The repair does not guarntee that there will not be problems with the nose later.
2 Answers from Attorneys
Yes. Contact an attorney in your area. Regards,
You have a civil claim for assault against the boyfriend, but the real question is if you took him to court and won, would you ever be able to collect anything. If he is working and gets a regular paycheck, that would be one source of collection. Another would be if he has a bank account or other financial assets. It's unlikely that he has any insurance to cover this event.