Legal Question in Personal Injury in Massachusetts
Civil Suit against Minor
Can an adult bring a civil suit against a minor who shot and permanently injured them?
5 Answers from Attorneys
Re: Civil Suit against Minor
Yes, the problem is likely going to be collectability. Minors usually do not have significant assets, and typically, although there are limited exceptions, the parents wealth is not exposed by the deed of a minor child. Shooting someone is usually viewed as an intentional act which would not be covered under Homeowners policies, although, again, the circumstances would need to be looked into very closely by a well-trained and experienced lawyer. Good luck with your health and pursuit of claim which I hope you will discuss with a real live lawyer. Regards, JBS
Re: Civil Suit against Minor
You absolutely may bring a civil suit against a minor (and in some instances his or her parents) who has in some way harmed another.
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Re: Civil Suit against Minor
You may absolutely do this. You can obtain the judgment, and almost certainly will. You can then obtain an execution, and work to keep it alive for twenty years, or until he or she makes enough money to pay you back. This is likely to be a case about damages, not liability.
If there is any argument that the child obtained the weapon through negligence of the weapon's owner, you can sue the owner. A homeowners' policy may be available for payment in that case.
There is also an obscure statute which allows an injured party to collect up to $5,000.00 from a child's parents. I don't recall whether that specifies that the child was acting negligently or intentionally -- it's one or the other.
: Civil Suit against Minor
There is a slight problem, despite the foregoing answer, you have provided no facts to support your question. Thus you can only get the most general answers.
Re: Civil Suit against Minor
Yes, you should retain an attorney to file suit against the minor and possibly against his/her parents and others who may have been responsible. Good Luck!