Son assaulted

[edkrane]

What is the name of your state? Oregon

My 18 year-old son was physically assaulted (battery?) by another 18 year-old yesterday. We will file charges with the police department. The 'opponent' in this case has a recorded history of harrassment toward my son and others (on file at the high school). Note: my son has witnesses to the event and he did not retaliate, and left the scene. This other boy has a past arrest record, and obviously has not 'gotten the message' about social behavior. Question: what is an average cost of pursuing a legal suit for assault in Oregon? Thank you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Oregon

My 18 year-old son was physically assaulted (battery?) by another 18 year-old yesterday. We will file charges with the police department. The 'opponent' in this case has a recorded history of harrassment toward my son and others (on file at the high school). Note: my son has witnesses to the event and he did not retaliate, and left the scene. This other boy has a past arrest record, and obviously has not 'gotten the message' about social behavior. Question: what is an average cost of pursuing a legal suit for assault in Oregon? Thank you.

My response:

It's "assault" and "battery". Assault is the "attempt"; e.g., bringing up clenched fists. Battery is the "follow-through"; i.e., the actual unwarranted touching.

An attorney would take your son's case (notice I said your "son") on a "contingency fee" basis. That means, the attorney would be paid from any settlement or judgment. And, if the case is lost, the attorney wouldn't charge your son at all.

Okay, I said "your son" because you said he is 18 years old. He's an adult. So, you couldn't "file charges" - - your son would have to be the one doing the reporting to the police. Also, and because he's 18, he'd be the one hiring an attorney for a potential Civil action.

And, therein lies the rub. Most 18 year old's, like your son's aggressor, do not have money with which to "answer in damages." Because of that, it would be highly unlikely that a Civil attorney would take your son's case because the likelihood of being paid in the event of a successful judgment for your son is undoubtedly zero.

Good luck, but your better strategy is to report the assault and battery to the police and let the District Attorney take care of the other kid.

IAAL

 

[edkrane]

Thanks...

I appreciate your time and service to this forum...good advice. Thank you again.