Legal Question in Personal Injury in New York
son assulted
My son was assulted on july 5th, 2000. i received a laceration on his face that required aprox 100 stiches. he had a severed artery. he was rushed to the hospital where he had emergency surgery. he is not scared for life. he also had a broken nose. he never saw the person that smashed a full beer bottle on his face. he was helping a girl that was being assulted at a party and he pulled her to safety and when he stood up he was hit with the beer bottle. i was told that the only way to have this person arrested was to have a eye-witness that could id the kid. i am having a hard time getting someone to do this because i believe these kids are from a gang in buffalo ny. my question is, is there another way that we can get this kid arrested.
2 Answers from Attorneys
Re: son assulted
I received your inquiry on September 22, 2000.
In order to make out a complaint, a witness is needed. After that, to convict, that person must be guilty 'beyond a reasonable doubt'. If a witness cannot be located, that person certainly will never be convicted.
However, it may be possible to sue the establishment for your son's personal injuries, including pain & suffering, the scar, the stitches, etc. There, against the establishment, the proof only has to be a 'preponderence of the evidence'. (more likely than not)
Please contact me further and directly at [email protected] in the event that you may wish to pursue this.
Good Luck
RRG
Re: son assulted
An arrest at this point is unlikely. I would focus your efforts on recovering any out-of-pocket expenses for your medical bills and future care necessary. The location of the injury may have an insurance policy which could reimburse you and your son for the damages. For follow-up, please contact 212-208-2470. Best of luck!
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