If one is assaulted by a minor, the parent may be held liable pursuant to statute for a sum up to $10,000 due to the malicious acts of their child. Moreover, there is a possibility of collecting restitution for out of pocket expenses, which could be ordered by the court.
If one is assaulted by an adult, typically the perpetrator is not financially responsible. The question then is whether the perpetrator had homeowner’s insurance which might cover his or her actions. Normally, insurance covers you for your negligent or reckless acts, but does not cover you for intentional acts. There are always exceptions such as when the perpetrator was too drunk or too “deranged” to know what he or she was doing. Moreover, there may be coverage if the perpetrator is claiming it was an accident or involved self-defense.
These are often cases involving serious injury and consulting with a lawyer to determine what remedies are available is critical. Most homeowner’s insurance policies have an additional exclusion which is called the “criminal acts” exclusion. That means if the person is prosecuted and convicted criminally, there may be no coverage.
Consult with an attorney to determine your rights. There is no charge for a consultation and lawyers typically will process injury cases on a contingency fee, which means there is no fee, unless the attorney is successful in securing compensation for you.
Call us for a free consultation to explore your rights.
Author: Stanley J. Marks
Publication Date: April 19, 2016