Attacked in Mexico by an American...

by Teresa
(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.

Visitor Question:
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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,

Judge Calisi

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Comments for Attacked in Mexico by an American...

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Thanks
by: Teresa

Thank you for answering my personal injury question. The guy responsible for my injuries will face legal action.

Once again Thank You for the advice.

Case Review...
by: Art

Yes Teresa, you can request a case review from a local attorney. Most reputable personal injury attorneys offer a free initial consultation to review the merits of your case.

Case review
by: Teresa

Is it possible to have a case review even if it happened out of the country?

Seeking legal help...
by: Law Guy

We strongly urge you to meet with a licensed personal injury attorney in California as soon as possible. Only an attorney can advise you properly about the merits of your case.

You can theoretically sue your attacker in small claims court if your claim for damages is less than $10,000 (the maximum jurisdictional amount for small claims court in California), but it's not advisable.

Meet with an attorney. Most don't charge a fee for an initial consultation.

Where to begin?
by: A

So if I want to take legal action against him, do I contact a lawyer in California?

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TYPE OF ACCIDENT
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PERSONAL INJURY
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MEDICAL ERROR
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