Can I still sue for battery if I assume the kids don't have any money and is there anything else I could do? 9 Answers as of May 08, 2014

I'm a girl who went to a birthday party where four guys showed up and started problems with other people there. I first was getting accidentally hit while they were trying to hit another person and my feet were stepped on and resulted in losing feeling on parts of my feet. Then one of the guys was tearing two guys trying to get them out of the house. The other 3 were beating up a girl. I shoved one of the guys off her. He hit me in the face and then grabbed me by my neck and shoved me to a wall. Then other people stepped in, separated him from me and threw them out the house. The next day, I went to the hospital with the intent to file a police report. The hospital told me the police wouldn't come down and I had to go to them. When I got back home, I was told they were in a gang and didn't want to be targeted so I didn't file a police report. I had to miss days from work and work with a severely swollen black and blue eye/cheek bone. I even had customers point it out. I also still have a lump on my cheekbone that hurts when touched. I would go get it checked out but I don't in fear that I'll owe more money. I received a notice from the hospital asking for names of people to send the bill to. Is it even worth going after them to pay the bills?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
File a police report and prosecute them. They belong in jail.
Answer Applies to: Michigan
Replied: 5/8/2014
Stephens Gourley & Bywater | David A. Stephens
File suit or a police report are about your only options.
Answer Applies to: Nevada
Replied: 5/7/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Two paths: Civil and criminal. You really should report it to the police. And yes, you can sue the kids (and their parents if they are under 18), but whether you should is a good question if they are truly gangsters.
Answer Applies to: California
Replied: 5/7/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
You can file criminal charges for assault and battery, but you will have to name names. You can get restitution through the criminal proceedings.
Answer Applies to: Alabama
Replied: 5/7/2014
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Many problems here. First, you have to have evidence. You certainly have some, but with the issue you raised concerning prosecution, you will have the same problem regarding reluctant witnesses. Next, you have to win your case. A judge or jury could easily get confused about who did what and throw up their hands and just give up without making a decision. Finally, as you brought up, if you get a judgment, how would you collect?
Answer Applies to: New York
Replied: 5/7/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    No. why don't you choose your friends more carefully.
    Answer Applies to: North Carolina
    Replied: 5/7/2014
    Law Offices of George H. Shers | George H. Shers
    Probably not. Try to check to see if they are part of a gang. Insurance policies do not cover intentional acts; they probably have no assets and no insurance. On the other hand, if the homeowner or person throwing the party knew the were there and their tendency towards dangerous behavior, they might be negligent and covered by home owners insurance. Contact them to see if they will pay for your medical bills and then consider filing suit against them. You will need to speak to a tort attorney about a suit or demand letter.
    Answer Applies to: California
    Replied: 5/7/2014
    Gates' Law, PLLC | Thomas E. Gates
    They have no resources to cover the bills.
    Answer Applies to: Washington
    Replied: 5/7/2014
    WEISSMAN LAW FIRM | I.Donald Weissman
    A victim of such an attack has the right to bring an action for compensation and damages. A lawsuit does not depend upon whether the defendant(s) has money. Collection of a judgment is different than obtaining it. If you want to bring an action, you can.
    Answer Applies to: California
    Replied: 5/7/2014
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