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What is my legal rights when a juvenile has punched me and…

Customer Question
What is my legal...

What is my legal rights when a juvenile has punched me and cause TBI medical problems.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

The state of Minnesota

Lawyer's Assistant: Has anything been filed or reported?

Yes he was charged with 5th degree assault but they are filing for a continuance for dismissal because of mental illness

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Also been out of work since October 18th of 2017 with TBI medical issues and have not been able to return back to work due to severe headaches and passing out

Submitted: 6 months ago.Category: Personal Injury Law
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Answered in 21 minutes by:
1/3/2018
Personal Injury Lawyer: Lori, Attorney replied 6 months ago
Lori
Lori, Attorney
Category: Personal Injury Law
Satisfied Customers: 2,104
Experience: Attorney with over 25 years experience
Verified

Hello. I will try to assist you today. I recommend that you pursue personal injury claims against the minor and the minor's parents.

You can try proving the liability of the parent for the negligent act of their child. Traditionally, the parents will have immunity over the acts committed by their children. However, there are exceptions to this rule. Sometimes the parents of the child can be forced to pay for the claims. The plaintiff must prove that the parents of the defendant willfully and negligently allowed and permitted the child to injure you.

In common law, parents are only liable for the act of their child when at the time of the tort, the child is under the direct supervision and control of the parent. In such cases, the complainant can file negligence on the part of the parent and not on the child. Parents may also be held liable, if the injury caused by the child had previously been committed and the parents failed or still allowed it to happen again. In these cases, the court can order the child’s parent to pay for the injury caused by the child.

Hope that helps. Please remember to accept my response and post a positive rating.

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Customer reply replied 6 months ago
This juvenile that had assaulted me it happened at my job in emergency room. I am being paid workman's comp and so far they've been paying my bills. I received a call from the city attorney's office saying they just they want file for a continuance for dismissal because of his mental illness. Can I pursue charges against the parent? Especially when I'm having severe medical problems due to this concussion
Personal Injury Lawyer: Lori, Attorney replied 6 months ago

I doubt that you can pursue criminal charges against the parents - only civil damages for negligence. You may be able to recover pain and suffering and emotional distress in such a negligence claim (which you are not receiving from worker's comp).

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Customer reply replied 6 months ago
I had paid a fee get legal advice and now you want to charge more to speak to me over the phone. Please refund me my money back and I will check with local attorneys here on this matter.
Personal Injury Lawyer: Lori, Attorney replied 6 months ago

You can ignore that request. I did not make that request to you. You can continue to ask questions by message instead.

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Personal Injury Lawyer: RayAnswers, Attorney replied 6 months ago
RayAnswers
RayAnswers, Attorney
Category: Personal Injury Law
Satisfied Customers: 48,222
Experience: Texas lawyer for 29 years in personal injury
Verified

Ray here a new expert.You can sue the parents in small claims called conciliation court for up to $15k pro se without a lawyer.The minor hit you and parents are liable here.

Forms and self help to sue them

http://www.mncourts.gov/Help-Topics/Conciliation-Court.aspx

This is your best remedy if they won't prosecute.Thanks and thanks for rating 5 stars.So sorry you have had this happen.

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Customer reply replied 5 months ago
If you want to take this case, I'm willing to have you help me on this. I don't think you can sue someone if they don't have the money. Juvenile was not charged in juvenile court because incompetency.
Personal Injury Lawyer: RayAnswers, Attorney replied 5 months ago

JA will not allow me clients off site.But small claims is meant for pro se folks without lawyers.You can do this yourself.

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Personal Injury Lawyer: RayAnswers, Attorney replied 5 months ago

Parents here are liable for the acts of their child and they may have money to pay judgment.

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