What can be done if my son was hurt recently by a plain clothed store security guard?

UPDATED: Aug 8, 2014

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What can be done if my son was hurt recently by a plain clothed store security guard?

The person shoved him on his back which caused him to hit his hand on a metal display bin resulting in severe bruising to his right hand. We had to seek medical help. He was not fighting or trying to get away; he was walking with the person back to the room where they hold suspected shop lifters. He wasn’t walking fast enough for the security guard. He is in severe pain. I want to know if I can sue for bodily injury and medical bills?

Asked on August 8, 2014 under Personal Injury, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue, but it may not be worthwhile: that is, from what you write, the guard (and therefore his employer, the store) are presumably liable, or responsible for your son's injury, since the guard deliberately pushed or struck your son, you can only recover an amount of money equal to actual medical bills, lost wages (if any), and, for *serious* injuries--that is, ones that cause some signficant life impairment lasting at least weeks, if not longer--some amount for pain and suffering. A bad bruise to one hand probably will not qualify for pain and suffering; and your medical bills may not be large enough to justify the cost, time, and effort of a lawsuit.

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 AttorneyPages.com 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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