My adult son was assaulted and received a broken jaw by another adult male at a local gas station in broad daylight. My son did not strike back but immediately entered the gas station and called the police. While doing this, the person who assaulted him verbally in front of witnesses stated, “If you file charges I will get your old lady and kids.”
Charges have been filed on this person who already has another assault conviction on an officer of the law, so I am told. My son needs free legal help to convict this person, and sue him because my son cannot provide for his family due to his injury. What options does he have for legal representation? What can he do? Thanks.
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Answer
Dear Christina,
Your son will immediately receive representation from the Ohio State’s prosecutor’s office. That will be free.
The prosecutor is assigned to prosecute the assault case against the person who assaulted your son. If for some reason the prosecutor enters into a plea bargain with the assault perpetrator that plea bargain may include the payment of compensation to your son for his medical bills, and possibly any out of pocket expenses such as your son’s prescription and over the counter medications, and possibly lost wages which may have resulted during his treatment and recovery perod.
Although the prosecutor may incorporate such requirements in her plea bargain agreement with the perpetrator you should not take that for granted. Instead contact the prosecutor and ask for that specific requirement.
Your next option might be to sue the perpetrator in Small Claims Court. If the boy was a minor you may be able to sue his parents. In the State of Ohio parents can be held liable for their children’s criminal and civil actions which cause injury or damage to others.
In the State of Ohio the Small Claims Court jurisdictional limit is $3,000.00 dollars. (That means the limits one can sue for.) Although not extremely high, if your son’s medical bills are less than that amount you might consider that option.
If you choose to pursue a higher limit of compensation for your son’s injuries, you might consider speaking with a Personal Injury Attorney. Most will not charge any fee for an initial office consultation.
Learn more here: When You Can Sue for Assault and Abuse
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 888-972-0892.
We wish you the best with your claim,
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