Broken Eye Socket From Getting Punched in the Face...

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: Information provided in your response is not formal legal advice, it is generic legal information and is based on the very limited information given in your question. You should always get a formal case evaluation from a licensed attorney.

ANSWER for "Broken Eye Socket From Getting Punched in the Face...":

Anonymous (USA):

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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