What are my options regarding an assault by a student?

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What are my options regarding an assault by a student?

I am a professional actor who was shooting a student film this past weekend. During the student film one crew member tried to instigate a fight several time; first hitting me in the head with a boom mike 2-3 times, then trying to twist my sexual orientation (I am straight but he called me “bi-curious” etc.  and then making an obscene gesture). At the end of the day he shoved me down on the ground where I injured myself. I am now having a difficult time walking because I injured my tailbone. But he justified this because I used profanity by calling a girl a bitch (which had nothing to do with him); she and I were flirting with each other.  Anyway, what are my options with the school? I want to have this kid expelled. I don’t want to press charges against the school although I was injured during a shoot that they were responsible for?

Asked on April 11, 2011 under Personal Injury, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately seek medical attention and make sure you are logging in in a journal every time you have pain (date, time, type of pain, describe it). Then contact an attorney and explain what occurred, you need a civil litigation attorney who specializes in personal injury. If this was a student film and it was filmed on school property, you need to discuss options and understand that should this go to a lawsuit (one that is filed in court and served upon the parties you are suing), you will most likely need to file against the school and the individual, at the very least. If your goal is to simply ensure this person is expelled, understand that revenge should never be an issue for a suit and it is not your responsibility to ensure expulsion. You may not even be told or informed if this person is, so it may be best to sit down with a lawyer for at least a consultation and discuss options and goals.


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