Yes, you can sue a minor for assault. However, there are specific considerations and procedures that differ from suing an adult.
What is Assault?
Assault is an intentional act that creates a reasonable apprehension of imminent harm or offensive contact. Assault does not require physical contact.
Suing a Minor for Assault
When suing a minor, it is important to consider their age and maturity level. Minors under a certain age may not be held legally liable for their actions. In the United Kingdom, for example, the age of criminal responsibility is 10 years old.
Legal Procedures
To sue a minor for assault, you must follow specific legal procedures:
- Filing a Complaint: File a complaint with the court outlining the alleged assault and damages sought.
- Serving the Minor: Serve the complaint and summons to the minor’s parents or legal guardians.
- Guardian Ad Litem: The court may appoint a guardian ad litem (GAL) to represent the minor’s interests.
- Trial: If the case proceeds to trial, the GAL will act on the minor’s behalf.
Damages
Damages in an assault case may include:
- Compensatory Damages: To compensate for expenses and losses caused by the assault, such as medical bills, lost wages, and pain and suffering.
- Punitive Damages: To punish the minor for their actions and deter similar behavior in the future.
Considerations
When considering suing a minor for assault, keep in mind:
- Age and Maturity: The minor’s age and maturity level will impact their legal liability.
- Insurance Coverage: The minor’s parents or guardians may have insurance that covers assault.
- Mediation: Mediation may be an alternative to a lawsuit, allowing for a mutually acceptable resolution.
- Statute of Limitations: There is a time limit within which you must file a lawsuit for assault.
Conclusion
While you can sue a minor for assault, the process differs from suing an adult. Factors such as the minor’s age, maturity, and insurance coverage should be considered. It is recommended to consult with an attorney for legal advice and guidance.
