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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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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