I was battered!

What is the name of your state? MA

I was punched in the face by a kid from another town on Thursday. I had to go to the hospital due to a concussion (perhaps it goes to aggrivated battery?) and actually had a CAT scan taken. The school has found out who hit me and there are witnesses and atleast one person willing to make a statement. I'm going to file charges (the school police officer is supposed to be doing it but I haven't recieved a phonecall yet). Apparently (from what's known) is that this kid punched me because I hit his girlfriend when I was in a minor scuffle with a kid 2-3 weeks ago. She intervened in the fight, but I never touched her. Either she told her boyfriend I hit her and he retallihated by punching me or the kid I was in the fight with put him up to it.

I don't think it was "assault and battery". Just "battery" because he never even said anything to me as far as I know. I don't remember it at all (got a concussion) but I figure he just jumped out of the car, punched me, got back in and left. That's what's being said by school officials so far.

Can I take this kid to court? What would it be under? I really don't want him to get away with just charges being filed, that seems way too leniant. I know he really just punched me in the face but there is some physical and emotional distress. I wasn't remembering things, was getting naseus up until a little while ago, other parts of my face hurt/s. He hit me hard enough to cause a concussion so I think you can understand how serious it is.

Brian_ said:

What is the name of your state? MA

I was punched in the face by a kid from another town on Thursday. I had to go to the hospital due to a concussion (perhaps it goes to aggrivated battery?) and actually had a CAT scan taken. The school has found out who hit me and there are witnesses and atleast one person willing to make a statement. I'm going to file charges (the school police officer is supposed to be doing it but I haven't recieved a phonecall yet). Apparently (from what's known) is that this kid punched me because I hit his girlfriend when I was in a minor scuffle with a kid 2-3 weeks ago. She intervened in the fight, but I never touched her. Either she told her boyfriend I hit her and he retallihated by punching me or the kid I was in the fight with put him up to it.

I don't think it was "assault and battery". Just "battery" because he never even said anything to me as far as I know. I don't remember it at all (got a concussion) but I figure he just jumped out of the car, punched me, got back in and left. THat's what's being said by school officials so far.

Can I take this kid to court? What would it be under? I really don't want him to get away with just charges being filed.

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My response:

You can sue the School District for "negligent supervision", and the kid for "assault" and "battery".

Assault doesn't have to be verbal; e.g., "I'm gonna hit you!" It can be by mere action; e.g., if you saw the kid cock his fist back to strike you.

Before you sue, you'll need to immediately fill out, and deliver, a "Claim for Damages" to the school district. If you fail to do this within the short amount of time available, you could blow your action against the school district and its teachers, etc.

IAAL

I AM ALWAYS LIABLE said:

My response:

You can sue the School District for "negligent supervision", and the kid for "assault" and "battery".

Assault doesn't have to be verbal; e.g., "I'm gonna hit you!" It can be by mere action; e.g., if you saw the kid cock his fist back to strike you.

Before you sue, you'll need to immediately fill out, and deliver, a "Claim for Damages" to the school district. If you fail to do this within the short amount of time available, you could blow your action against the school district and its teachers, etc.

IAAL

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Sue the School District that I'm in or the one the kid that hit me is from? I have no problem sueing his school district, but it would be a low blow to sue my own school district when my principal and basically all the guidance counselors in the school were rushing to my aid immediately after I got hit. And I know that my school is not trying to be negligent (which certainly doesn't mean they aren't) because when I got in a fight before it was over after one punch becausetheir were teachers swarming the area. Seems morally wrong to sue them. Do you know an approximate length of time allowed for filing a negligent supervision complaint?

Could you quickly tell me what I would need to do to get a case going against the kid who hit me? Would this immediately involve contacting a lawyer and start building a case? I never really wanted things to go that far, but I'm not going to let this kid get away with what he did, so if a lawyer is required so be it!

Thanks for the quick response.

My response:

It would be YOUR school district. They had the responsibility to keep trespassers off of school property. They failed in their duty to you.

But, do what you want.

Anyway, you need to hire a personal injury attorney. If you're not at least 18 years old, your parents need to hire the attorney for you.

IAAL