Attacked in Mexico by an American...
(San Diego, California)
I spend a great amount of time in Baja California (Mexico). A few weeks ago I had a confrontation with a woman. I was very upset and I wanted to hit this woman. I was restrained by a few guys who grabbed me and prevented me from attacking her.
After being restrained, this other guy (a friend of the woman) came up to me, grabbed me and slammed me up against a car. He then body slammed me to the ground, with his body pushing my head and shoulder into the ground, all the while saying in my ear while attacking me, "oh you think you are a bad ass? You think you are tough?"
Finally when he got off of me, I could not breath. I got in my car and drove to the police station. The police followed me back to where the attack happened.
To make a long story short, after all was said and done, I had 3 broken ribs and a broken clavicle, which required surgery to fix. The guy who hurt me paid off the Mexican police to let him go. So the cops were no help at all.
I don't know where to start. I am a 50 year old woman, and my attacker is a 30 year old firefighter in California, USA (he's an American). He refuses to take responsibility for my medical costs. What can I do about this? Can I sue him in the USA for what he did in Mexico? Do I need to hire a lawyer? Thank you.
Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always
get a formal case review
from a licensed attorney in your area.
ANSWER for "Attacked in Mexico by an American...":
Teresa (San Diego, California):
Of course you can sue the man in the State of California. It doesn't matter where the attack occurred. The fact that he intentionally injured you is sufficient for you you to prevail in a personal injury claim.
From the facts you present, the man who assaulted you was not provoked. Instead, he seems to have placed himself in the role of the woman with whom you had the confrontation. That's not enough, and it certainly isn't a legal defense.
Unless he can show you were physically attacking the woman, and he stepped in to stop the assault, he has no legitimate defense. Even if that were the case, the amount of physical force he used is well past that amount of force the law permits in the defense of a third person.
Your injuries are serious enough to require the assistance of an experienced personal injury attorney. Hopefully the man has some assets you may be entitled to, if and when you prevail in a civil action against him.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
P.S. Please help us out by sharing this site...