Legal Question in Personal Injury in Maryland

Assaulted at a concert 3 years ago.

I was kicked in the right side of my face at a concert just over three years ago by a 22 year old man. My right orbital bone was crushed, and my face was indented. I had to have reconstructive surgery and titanium plates were installed in my face. I was 15 at the time, and did not provoke it in any way. It is not entirely clear if it was intentional or merely negligent. I decided to not press charges at the time, and the lawyer we consulted did not wish to file a lawsuit because the guy was broke, with no homeowners insurance. I recently found out a few complications to the injury that were unknown to me before; my right eye has moved downwards a few millimiters on my face (it's noticable), and I no longer have full depth perception. I'm interested in suing him now, in light of that knowledge, and the possibility of him having insurance now. Can I? And what are my alternatives if he still has no actual money? Is there something else I can target?

Oh, and I'm 18 now.


Asked on 9/27/07, 12:27 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Assaulted at a concert 3 years ago.

If you sue for assault, you could legally file suit any time before your 19th birthday. If you sue for negligence, you have an additional 2 years. You could bring suit under both theories in one case.

Whether or not it's worth it to sue this person is another question. Any insurance he acquired after the incident would not cover him for your claim. So unless he's suddenly wealthy, you might get a judgment against him that is uncollectible, at least until he might acquire some assets or a decent income. It may be difficult to find a lawyer willing to represent you under these circumstances on a contingency fee basis, which is how such cases are usually handled.

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Answered on 9/27/07, 9:27 am


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