Visitor Question

Broken Eye Socket From Getting Punched in the Face…

Submitted By: Anonymous (USA)

My son was at a Halloween party speaking with other guests. An older man came up and punched him in the face without provocation, breaking his nose and orbital socket. He now has to have surgery to repair the broken bones. My son did not in any way antagonize or retaliate the other person.

Can he file a personal injury lawsuit against this person for his medical expenses and lost income? Any information you can give would be greatly appreciated. Thanks.

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 Anonymous,

Your son can certainly file a personal injury lawsuit against the man who assaulted him. If your son was a minor at the time of the attack you can file on his behalf.

Hopefully, at or about the time of the attack someone called the police. If there were witnesses to the assault their names may be in the police report. Additionally, if the police were called the man should have been arrested.

If for any reason the police weren’t called to the scene, it’s not too late to file a police report.

Go to the local police station and file a criminal complaint. If you and your son can bring witnesses to the police station there is still a good chance a warrant for the man’s arrest may issue.

Make sure you retain all your son’s medical records. They will be of great use in a personal injury lawsuit.

The only drawback may be the liquidity of the man. If he has some liquid and substantial assets it may well be worth retaining a personal injury attorney. If he doesn’t, all you may end up with after a lawsuit will be a paper judgment.

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: October 24, 2011

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