QUESTION
Should my son file a lawsuit after being beaten up at a bar?
Asked on Apr 10th, 2015 on Personal Injury - California
More details to this question:
My son was beaten up at a local bar he goes to by 4 to 5 guys, and was beaten so badly he blacked out. He lost the use of his right arm for a while, and he is still having a lot of pain in his shoulder, neck, and head areas. The police are trying to get to file harassment charges, but we believe he should file assault and battery charges. She we file a lawsuit?
4 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Do the obvious, i.e., meet with a personal injury attorney to explore your options as a Victim in Criminal Court and as to your civil claim.
Answered on Apr 13th, 2015 at 7:37 PM
Edwin K. Niles
The criminal and civil aspects of this situation are completely separate. You don't have much to say about what criminal charges are brought, as this is determined by the prosecutor (City Attorney or D.A.) Whether you should sue depends on whether there is any chance of actually collecting. In my view, wealthy people don't often get into brawls. Do an asset check with an investigator.
Answered on Apr 13th, 2015 at 4:55 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Generally your case will be against the assailants. Hopefully you have a criminal case that is being pursued by the DA. As to case against the Bar for negligence, it could be a tough one depending on more details of the case.
Answered on Apr 13th, 2015 at 1:02 PM
It is an assault and battery case, not one of harassment [why do the police want to go with the lesser charge?]. Your son certainly can sue, and may want to include the bar and some of its employees for serving drunk customers and negligently allowing the fight to occur and not break it up. He certainly should file a suit, even if he verbally started the fight.
Answered on Apr 13th, 2015 at 12:53 PM