Ask a Lawyer - Archive

My college roommate assaulted me and I have significant medical bills as a result. My roommate was arrested and convicted for the assault, and now I want to sue him and his wealthy father for my damages. Do I have a case?

Thank you for taking the time to post your question on the forum. Under Texas law, you have a claim against your roommate for the damages resulting from the assault. The fact that there has been a criminal conviction will likely make your task of proving your roommate's responsibility a bit easier. The standards for proving criminal culpability are much more stringent than those for proving responsibility in a civil action.

However, every personal injury claim requires the presence of 3 elements to prevail and actually get compensation:

1. Liability,
2. Damages, and
3. A funding source.

Your potential case has a clear liability theory and you have damages (medical bills, pain and suffering, etc.), but you likely are limited to seeking recompense from the assaulter. Parents are generally not liable for the intentional criminal acts of their adult children. It's a good idea to consult with a local licensed attorney in your area to discuss your options.