QUESTION
What can I do about an adult assaulting my underage son?
Asked on May 08th, 2015 on Head and Spinal Injuries - Kentucky
More details to this question:
A friend of the family had went down the road to meet up with a guy to settle a disagreement they had with each other, and his wife ask my son to go with her to see how it was going. When they got there the two men had been fighting and there was another man there and when my son arrived the other guy pulled off his shirt and threw down his hat and was gonna jump in and help the other guy and my son stepped up and said no that is not fair for both of you to fight him and that guy said so do you want some and my son plainly told him I am only 17 but whatever and that guy started beating on my son and did not stop until he had bout beat his right eye into a pulp my son had to be rushed to the hospital and ended up with multiple fractures and a concussion he had to have stiches on his eye lid he has teeth that are chipped and now he has missed over a week of school and work. This man is a trained fighter and his hands and feet are licensed as deadly weapons Local police are doing nothing
1 ANSWER
From just your description, your son may not be a totally innocent bystander. The fact that your son is 17 does not make him immune to being in a fight with an adult. My guess is that the local police are taking the position that everyone involved bore some brunt of the responsibility.
That being said, you can certainly pursue a civil action against the adult and a Jury would then decide the percentages or responsibility and award damages.
Note that there is likely no insurance coverage, so any Judgment received would have to be collected individually against the adult. Thus, if he has nothing, then you might spend several thousands of dollars to prove a case and end up with nothing.
Answered on May 11th, 2015 at 12:28 PM
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