Full Hip and Ball Replacement...

by George
(Hemet, CA)

My wife came to the local strip mall to pick me up from a pub. We were having trouble unlocking the car door so she got out to unlock it with the key. Suddenly several juveniles came running out in order to attack another man, who is 62. My wife, who is also 62 turned in his direction to warn him of the danger. One on the kids struck or elbowed her causing her fall to the asphalt.

The resulting fall broke her hip which caused her to need a complete hip and ball replacement. We do not know the name of the kid that knocked my wife down. We know who some of his friends are and they refuse to give the Sheriffs his name.

I have a copy of a security film which he is on. If we can find out who he is can we do anything legally to recover our out of pocket medical expenses?

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 "Full Hip and Ball Replacement...":

George (Hemet, CA):

You sure can George! Hopefully at the time of your wife's injury you contacted the local sheriff or police. If so they filled out a crime report. By all rights the police should be investigating the assault. Either the sheriff is lazy, or he is not doing his job correctly.

A sheriff shouldn't give up because some rowdy juveniles refuse to offer the name of the boy who assaulted your wife. Somehow it seems strange that a sheriff would ask the boys for the name of their cohort and when the boys refuse to give it, just walk away. It sounds like it may be time for a new sheriff in town.

Once you learn the identity of the assaulter you can file a lawsuit against his parents. In most cases parents are legally responsible for the criminal acts of their children. Don't waste time. SUE THEM! There is no excuse for a juvenile delinquent to assault a 62 year old woman.

Hopefully when you learn the identity of the culprit the police or sheriff will assist you in locating him. Their helping will only make the case against the boy easier.

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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