Can we sue for personal injury after a fight?

You may have a case, based upon the information that you have supplied.

Certainly your son has a claim to make. The value of the claim depends on many different factors, including but not limited to the location and size of the scar, the events of the evening, the parents' knowledge of the underage drinking, etc. You should speak to a lawyer to get a specific assessment of your case.

You would have the right to make a claim against the parents of the kid, but I cannot answer the rest of the questions; you should consult a lawyer.

In North Carolina this would be called contributory negligence which would bar recovery of any amount. When fights occur after drinking jurors commonly don't award damages. A judge once told my client that when you go to sleep with the dogs you expect to wake up with fleas.

In order for the case to be worth bringing, you would need to find out if the other side has adequate insurance or assets to pay for your son's damages. The question of whether an insurance policy would cover the attack is a complicated one and (from the facts you've provided) it isn't possible to give a definitive answer yet. However, I'd be happy to look at the case in more detail.

Your suit is probably against the other 16 year old and not his parents. To sue the parents, you would have to show that they were negligent in some way. Whether your suit is against the parents, or the other 16 year old (who likely cannot pay the judgment if you win) I see the other 16 year old testifying that your son started the fight, and it ending in as swearing contest (your son has the burden of proof). If you do win, you will get a judgment for your medical bills and whatever the scar is worth, which is intangible and hard to put a price on. I would take their offer, be gracious, and chalk it up as one of those things you go through in life. Often in these situations, you do not get such an offer.

You can sue the boy who hit your son, but it is unlikely that he has the money to pay a judgment against him. His parents are not necessarily liable for their minor child's acts unless they were somehow (directly) negligent in causing their son to assault yours (maybe if they purchased the alcohol). The reason they are likely willing to pay on behalf of their son is so that you do not file criminal charges against him (sort of a civil compromise to the criminal case). I have successfully negotiated a number of civil compromises to criminal cases resulting in large awards for my clients in exchange for a negotiated settlement to the criminal case. So, that may be an option for you and your son. The other possibility is filing a social host liability lawsuit against the person who served alcohol to the boy who assaulted your son. In order to prove such a case in Oregon your attorney would have to prove that the assaulter was served alcohol by the host while the assaulter was visibly intoxicated. Also, cases like this require a notice be sent to the host within 6 months under particular circumstances so it is important that you see a qualified personal injury attorney as soon as possible. I can't speak to how such a case would develop because there are myriad different variables to such a case and all of them affect the potential outcome. I recommend that you seek the advice of an attorney, many (including myself) offer a free in person consultation.

Assuming the other boy's parents were home or knew of the party, they may be liable for failing to properly supervise their home. If that family has homeowner's insurance, you may be able to make a claim for your son's injuries. You should certainly speak to an experienced personal injury attorney.

Who started the fight and the circumstances surrounding what happened are very important. That said, the owner of the home where the fight occurred may have "med-pay" (short for medical payments) coverage that pays medical bills that are caused by an incident on the owner's property without regard to fault. Check into that. Also, if the boy who injured your son is a family member of and resides with a family that owns a home and has homeowner's insurance there is probably liability coverage in some amount to compensate your son. This is based on the other boy being legally liable, however. you need to get a lawyer as soon as you can.

Insurance will not cover an intentional act, so it may be a tough case to collect on. I would be happy to discuss with you.