My Son Was Assaulted at a Party...

by Rebecca

My son was at a party and got punched and thrown in the pool. He was also verbally abused and his phone got smashed. The homeowners were not home at the time but their son was.

After my son was thrown in the pool he left the party by himself. He was followed by three individuals from the party and was chased into a cornfield and beaten by the three people.

My son lost half of his front tooth and had to withdraw from school. It was a traumatic experience for him and he also needs therapy.

Can I sue the homeowners for my son's injuries? Is there anything else I can do? Thank you for any information you can give.

Visitor Question:
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ANSWER for "My Son Was Assaulted at a Party...":

Rebecca (Michigan):

You have a strong case against the homeowner. Homeowners are responsible for what occurs on their property. Unless the boys who assaulted your son had been specifically prohibited from entering onto the homeowner’s property, the homeowners remain liable for what occurred.

The homeowners may attempt to say the boys weren't invited, or they didn’t give permission for them to be there. That really won't work either.

Ask the homeowners for the name of their homeowners insurance company. Don't be surprised if they won’t cooperate. If they don't you may have to seek the advice of a personal injury attorney.

Call their insurance company and file a claim. A Claims Adjuster will call you usually within a week or two. She will ask your son for a recoded statement. Don't hesitate to cooperate. Recorded statements are routine in these types of cases.

Take your son to see a counselor. Normally a psychologist or psychiatrist will be the most helpful. Next, get a copy of the dental bills, and an estimate from the dentist which includes the approximate cost of future dental work to repair the damage done. If you took your son to the emergency room, make sure you get a copy of the admitting form.

Hopefully you or your son contacted the police and filed a report for assault. Without that police report your case against the homeowners will be a little more difficult to present.

You will have to estimate the amount you think is appropriate for your son’s mental anguish. That is not always easy to do. The best way to do so is to take into account the cost of the dental work and the cost of the counseling, including, the cost of the counseling he may need in the future.

With those amounts in mind, multiply them by 3x and you will have a typical amount for mental anguish compensation.

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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