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In reference to a personal injury: I am a victim of a violent act that happened in my home by another person. I was injured.

San Mateo, CA |

The person that is responsible for the injury just barely turned 18 and still lives with and depends on her father. Can I hold her parents responsible for the injury when I go to small claims?

Attorney Answers 7

  1. Extremely difficult; if not impossible. Why small claims court? Implies "minor" damage.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. First you need to call the police and file a criminal complaint if you were attacked. Then you need to retain a lawyer that is experienced in these kinds of cases to represent you. If the other person was over 18 years when the incident occurred, then you can only sue them, unless there were others that were either directly involved or were part of some conspiracy to attack you for some reason?
    The fact that an adult still lives with there parents is of no consequence, unless the parents are somehow involved? You don't state the extent of your injuries, but if they are more than minor scrapes and bruises, you might want to consider filing in Superior Court versus Small Claims. If you prevail, you are entitled to a reasonable amount in damages for lost past and future wages, medical expenses, mileage to and from the doctors, and pain and suffering. You may also be able to recover punitive or exemplary damages for the other person's intentional act of assault and battery? You might also want to file a restraining order against the person that attacked you in order to try and keep them away from you in the future.
    You should talk to an exerienced lawyer about your case as soon as possible and stay away from the person that attacked you as well.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.

  3. Civil Code section 1714.1 makes parent with custody liable for the willful misconduct of the minor child up to 25k. It is limited to medical/dental/hospital expenses. The 25k is adjusted every 2 yrs for cost of living. This is in addition to any other bases for liability. Sometimes a parent can be negligent for how they are supervising the child. You should consult with a local injury lawyer to see about liability, whether small claims is appropriate, and the likelihood of collecting.

  4. In your state, the statute reads: (a) Any act of willful misconduct of a minor that results
    in injury or death to another person or in any injury to the property
    of another shall be imputed to the parent or guardian having custody
    and control of the minor for all purposes of civil damages, and the
    parent or guardian having custody and control shall be jointly and
    severally liable with the minor for any damages resulting from the
    willful misconduct.

    Only 29% Contingency Fee! Phone: 215-510-6755

  5. Yes. You can hold the parents reponsible if the child was a minor atthe time of the attack. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., El Abogado de Accidentes de Autos de California: 510-206-4492. El Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. El abogado de Accidentes de Autos y Lesiones Personales is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos y Lesiones Personales de Acidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Divorcios, Abogado Latino de Accidentes, y Abogado de Acidentes de Oakland, Hayward, San Francisco, y California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

  6. Yes, you can file a claim against the person who assaulted you ("defendant"). If the police were involved and the person is prosecuted, you may be entitled to benefits from the State of California Victim of Violent Crime program. If you want to pursue a civil action against the defendant you can as well. However, whether or not you will be able to actually recovery damages depends upon your injuries and whether or not he has assets or is covered under his parents homeowners insurance AND whether or not the assault has some negligent component to it so that it would be a "covered" act under the homeowners insurance policy.

    You could also simply file a claim in "small claims court".

    The information provided does NOT create an "attorney client" relationship with JEFFREY E. ESTES, PROF LAW CORPORATION and JEFFREY E. ESTES, ESQ., and is based upon incomplete information at best. Therefore, the opinion rendered cannot be relied upon solely in making a decision. I would refer to the local Bar Association Referral Service for a name of an attorney that you can retain to give you a solid answer

  7. If the assailant is 18 years old he is considered to have reached the age of majority and your'll have to sue him directly. If he was 17 and his parents knew of his propensity to commit these types of acts they may be liable. Speak with a local attorney for further assistance.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

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