An attorney representing a teen sentenced for assaulting football teammate Cole Hagan pushes back against multi-million dollar lawsuit: 'That's kind of a lot of money' for an 18-year-old

• Cole Hagan's family reached multiple settlements in their suit against those involved in his assault.
• Reid Mitchell, Hagan's attacker, pleaded guilty to aggravated assault and is serving 120 days in jail.

While attorneys have reached a number of settlements in the civil suit filed by the family of Texas teen Cole Hagan, there are some holdouts. Now lawyers for both sides say they are prepared to go to trial if they must.

Hagan was 16 years old when in 2021 he was lured from a party by two of his football teammates and assaulted by a third, Reid Mitchell. Hagan suffered brain bleeds, skull fractures, and a broken collarbone, Insider previously reported.

Mitchell, 19, pleaded guilty last month to aggravated assault in a criminal case and is now serving a 120-day sentence in a Texas jail, after which he will face 10 years of probation. Two others involved in the scheme, Logan Huber and Ayden Holland, face aggravated assault charges and are due in court in May, according to court records.

After months of physical and speech therapy, Hagan, now 18, made a "miraculous recovery" and was able to return to the football field for his senior year. Loren Klitsas, Hagan's attorney, previously told Insider that when he graduates, he plans to attend college at Texas State University.

In the days after the attack, Hagan's family filed a multimillion-dollar civil suit against the Mitchell, Huber, and Holland families, along with several others, seeking an excess of $50 million in damages. Some of those defendants have now settled with the Hagans for an undisclosed sum, though the Mitchells have not, according to The Facts, a local news outlet.

"We're hopeful that all the parties will step forward and resolve their differences with us over what happened," Klitsas previously told Insider, adding that the family was "pleased" with the settlements thus far that will help Hagan move on to college, "reclaim his life, and move forward."

But Lawrence Rothenberg, who represents the Mitchell family, told The Facts that the amount the Hagans are seeking is excessive, and he plans to fight for his clients.

"My goals are always the same — to win. I'm not really a settlement-type lawyer," Rothenberg said. "I think for an 18-year-old boy who just graduated high school, that's kind of a lot of money."

The attorney added: "Thank goodness that this boy is OK. Cole Hagan is OK. He's playing football. He's fine. It's unfortunate that this happened, but thankfully he's fine. Everybody's happy about that."

Rothenberg did not immediately respond to Insider's request for comment on Saturday.

"It's very unfortunate the incident that happened between these two boys. All I can say is that the injuries were unintentional and it's possible that the kids could reach a resolution," Rothenberg told The Facts.

Klitsas told Insider that the depositions taken thus far, however, indicate that Mitchell meant to hurt Hagan.

"So this talk about it being unintentional is complete nonsense," he said. "In fact, after Reid Mitchell hurt Cole so badly, Reid Mitchell took off like a coward. So we're not exactly talking about a remorseful young man."

Klitsas previously told Insider that Hagan showed "mercy" to Mitchell in his criminal case by asking the judge and district attorney's office to accept the plea. Under the agreement, Mitchell cannot contact Hagan, but if the lawsuit goes to trial, the two former teammates will have to sit in the same courtroom, Klitsas told Insider.

"We more than welcome a trial," Klitsas told Insider on Saturday. "We trust and respect Brazoria County jurors. And if Mr. Mitchell wants a trial, then that's what he gets."