Visitor Question

Attacked in Mexico by an American…

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Teresa,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 21, 2014

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4 thoughts on “Attacked in Mexico by an American…

  1. 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.

  2. 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.

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