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  1. #1
    Join Date
    May 2009
    Posts
    1

    Smile Battery at School

    My question involves criminal law for the state of: CA

    Hi about 6 months ago i was attacked by the brother of an ex-girlfriend of mine. He punched me in the face about 3 times and broke my nose along with a bunch of hairline fractures under my right eye. I already had one surgery in January and since then my health has been getting worse and worse. I have another surgery in July for my nose. I have been to the doctor probably about 25 times and had 2 mris and 1 CT scan(another coming up) since the incident for different concerns and reasons; such as back pain(from getting my head knocked back so hard), migraines(started getting really bad headaches since the incident). I am currently going to physical therapy 3 times a week and the therapist said that no 17 year old should be in as much pain as i am.

    Note:I did not fight back; and he also got a possession of marijuana ticket the same month.

    Now comes my question, according to the kids(17 years old) probation officer the charge is most likely going to be a felony, and honestly i hope it is. The court date for this is in June and im wondering what to expect when i go there? Will i be able to tell them everything? What will be covered(pain and suffering, medical bills, etc)? I want them to know that i live in a world of pain now and can no longer even do the things i used to love like go paint balling or ride my skateboard due to the pain it causes to my back/face. It hurts to lay down at night and try to fall asleep, what some people would find as their only escape. The migraines get worse from bright light so i want to put on my sunglasses; but it hurts to wear them because of the pain it causes on my nose. My nose is also now permanently crooked. The incident also occurred around Christmas time, so while all my friends were out having fun i had to stay in with a cast on my nose being depressed about not being able to do anything fun on my last winter break.

    I hope this doesn't sound like a rant, but honestly this sucks.

    Any help is appreciated

    thanks

  2. #2

    Default Re: Battery at School

    You have three avenues:

    1) Restitution. The court orders the perpetrator (assuming conviction) to pay for things like medical expenses, rehab/therapy, or time lost from work. No pain and suffering money here. It is VITAL that you keep a record and get receipts for EVERY expense. While restitution judgements aren't dischargeable in bankruptcy, the sad fact is that even if it is ORDERED, you're talking about a 17 year old offender. The odds that he'll be making money to pay the order is pretty slim, and if he is in jail, that chance drops to just about zero. You might get a few dollars a month, assuming he cleans up his act, stays out of jail, gets a job, etc. - but don't count on it.

    2) Crime Victim Compensation. You only have a year from the date of the crime to apply, so get on it asap. Call 800-777-9229 and get info. Eligible expenses include medical bills and lost wages. Still no money for pain and suffering.

    3) Civil Suits. Here's where the money for pain and suffering comes in (plus any medical bills or lost wages not covered from above). Again, the downside is that even if you win a million dollar award from a jury, how much of that do you think a 17 year old high school student will be able to pay? Yes, the judgement can stand for many years, but if he has no assets to pay from, and no assets to put a lein on (most 17 year olds don't have houses, Porche collections, etc.) it will be a VERY long time before you ACTUALLY see a penny from him. You don't mention WHERE the crime took place, but depending on the location, you MIGHT have a tiny shot at pursuing a third party liability case (suing someone ELSE who you can show had some duty to protect you and failed to do so). For example, a woman raped in the laundry room of her apartment building MIGHT have a case against the building owner for lax security that led to the crime. I don't want you to get your hopes up over this possibility, but at least call a few personal injury attorneys in your town and see what they have to say. Most will give at least an initial consultation for free.

    You can find more info for victims of crime in California at

    http://www.aardvarc.org/victim/states/cavic.shtml

    and also see

    http://www.aardvarc.org/victim/notes.shtml

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