UPDATED: Sep 30, 2022
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My wife works as a tech in local
hospital ER, She was punched by a 13
year old with mental issues. Suffered a
broken tooth, concussion and much
anxiety. Police will not charge him.
How or can we have him charged ?
Asked on January 25, 2017 under Personal Injury, Pennsylvania
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can't force the authorities to charge him against their will (they, not the victim, control the decision as to whether to charge), but you can certainly go "over the head" of whomever you spoke to, to see if a superior will charge the child. Try speaking to a superior in the police department and/or directly to the prosecutor's office.
You can also sue the child's parents or legal guardians: the parents or legal guardians of a minor are liabe for the injuries he inflicts. You could sue for your wife's medical costs (including any necessary but not yet done cosmetic dentistry); for any lost wages from not being able to work; and possibly some amount for "pain and suffering" if she will have any long-lasting life impairment or disability.
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