Legal Question in Civil Litigation in New York

My 22 yr old son was hit in the face four times at a wedding reception. He has a swollen face, chipped tooth and black eye. Then the same person hit my 18 yr old son in the mouth with no noticable damage. Can we sue?

Asked on 8/09/10, 2:16 pm

2 Answers from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

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Yes, you can sue for an assault and battery in both instances. You're not only entitled to recoup your son's medical bills but also punitive damages for both attacks.

The problem, however, is that you probably won't be able to recover much, if anything. Not many people have big lump sums of money lying around with which to pay out a settlement. Unfortunately, the defendant's homeowners insurance (if he has any) won't cover an intentional act.

Also, I can almost guarantee that the assault didn't occur in a vacuum. The defendant is going to claim that your sons provoked him or even started the fight. A case like that, where the facts are hotly contested, could go on for years and years. Litigation is stressful and time consuming. A law suit problably isn't worth it considering the limited injuries you've described.

Answered on 8/14/10, 2:37 pm

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