beat up by friends
I got beat up by friends last night 06/9/07, one of them was the dad who got arrested..but the other two didn't go to jail...the officer said they just got cited for assault and battery. What should I do if I want them go to jail also. My wife saw what happened and fainted because she was pregnant.. I call 911 for her to get help... Can I file a claim for all the emotional and physical injury that we received from those guys, for my wife and my self. Right now my neck my back and also my right arm still hurt. I got hit several times in the head with punches and a tiki lamp. I toke pictures and I also have police case number from San Jose, CA police department. I have a lot of scratches on my shoulder neck and up back. Do I have a chance to win in this case? Please reply I don't know what to do and where to seek for help...thanks you
Re: beat up by friends
There is little you can do to have the others jailed. You can call a higher up in the police department and try to get him/her to review the decision, but it is unlikely they would overrule the officers who actually saw the demeanor of those involved in the fight.
As to suing them and winning, that involves a few steps. Did you honestly have any fault in causing the fight, did you do anything beyond defending your self but did not try to hit them once they stopped fighting? Any percentage of your fault reduces the amount you recover by that percentage. You can file a civil suit, but unless you can prove damages worth at least $15,000, a lawyer is not likely to take on the case. You might have to sue yourself in Small Claims Court which limits the recovery to $7,500 per defendant. Parents are liable up to $15,000 for the improper acts of their minor children. Since your wife was physically present and saw the entire incident, she can sue for her emotional damages.You should start consulting with an attorney.
