My son was hurt while trying to break up a fight one his female friends was involved in. The group turned him and he was left with a fractured and dislocated elbow. He was taken to the hospital via ambulance for his injuries as well. I would like to know if I can sue for his medical expenses. In addition, there is video footage of the altercation and the parties involved.
You might be able to sue for the medical bills, assuming you know who caused which injuries, and assuming the people who injured him were more at fault than your son. You also must consider the collectability of the people who injured your son. It may not be an easy case, depending on what the videotape shows.
You may be able to collect from the parents home owners insurance company. It just depends on the age and residence of those involved. This is complicated so it's difficult to answer in this format. You probably need to sit down with a personal injury lawyer.
Yes, but assault cases have a two year statute of limitations. If the person(s) that did this have any assets you might be able to recover. We the police involved and are there police reports and charges against these people? You might also get restitution in the criminal case if they are convicted.
Yes, you may sue for damages. However, view the video to make sure he truly was an innocent party. His decision to breakup the fight could trump any liability claim.
If he was defending himself or others and was injured by attackers, the attackers can be sued. If they were minors, the parents can be held liable too up to a statutory limit.
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