QUESTION
Can I file a civil lawsuit for results of an assault.
Asked on Oct 30th, 2017 on Civil Litigation - Texas
More details to this question:
Back in April my husband was assaulted on our property. The guy who assaulted him is going to court and we believe he is going to get off with little or nothing. We have hospital bills, wage losses, a broken window and a 7 year old that seen the whole thing and still to this day will not sleep in his own bed.
2 ANSWERS
Who was the attacker? A neighbor? If so did he own or rent? If not a neighbor was he an employee who was on the job at time of assault? More facts would be needed but u may have a case against a third party which insurance may cover
Answered on Oct 31st, 2017 at 4:49 AM
Yes, at least for the monetary damages. Your husband would have the main claim, and you would have a derivative claim for loss of consortium. I don't know whether Texas law will allow your son to assert a claim for infliction of emotional distress based simply on being a witness.
Answered on Oct 30th, 2017 at 1:23 PM