lawyerdad
Lying Dog-faced Pony Soldier
- Joined
- Mar 10, 2006
- Messages
- 27,006
- Reaction score
- 17,145
Originally Posted by Buickguy
Ha, well played.
JB, here are some general observations that I hope are of some help:
1. "Pressing charges" usually refers to the initiation of a formal criminal case. This is generally the prosecutor's call, not the victim's. That said, helpful prosecutors (some are too busy or self-important to care about helping you out) often will use their authority to decide whether or not to press charges to place pressure of the defendant to make recompense to the victim(s). (The prosecutor may also sometimes, after initiating formal charges, agree to dismiss them or plead them down if the defendant makes adequate restitution to the victim(s).
2. If the prosecutor goes ahead, part of her sentence may require her to make full restitution to all of her victims. (I'm giving you an oversimplified version of how things work in CA, but of course you should remember that the law may be significantly different where you are.) At least in CA, that order essentially becomes a civil judgment, enforceable just like a judgment rendered in a civil lawsuit. Thus, even if she presently lacks the money to pay in in full, it remains in effect for ten years (and can easily be renewed beyond that) accruing interest at the statutory rate (currently 10% per year here in CA).
3. At least in CA, the possibility of criminal restitution does not impact your ability to bring a civil lawsuit. If informal negotiations assisted by whatever pressure the prosecutor brings don't lead to a satisfactory resolution, you may want to file the lawsuit to protect your rights. (If she is convicted of a criminal offense, it would make establishing civil liablity a snap.) Assuming your injuries are not significant enough (and I hope they're inconsequential) to make it worth hiring a lawyer, you can probably muddle through small claims or municipal court yourself, with some assistance. You likely have at least a year to pursue such a course, so no immediate worries. Just noting it for future reference.
4. Be aggressive and proactive in getting proper medical treatment. First and foremost, because you want to do whatever you can to avoid future problems. Second, because before deciding on any final resolution of potential claims against her, you want to have a good handle on what your medical expenses are - you don't want to settle with her and then learn later on down the road that you're looking at a bigger deal than you thought. Be sure to properly document your medical care, keep copies of bills, etc. If there is to be a restitution order arising from the criminal process, you may want to share this info with the prosecutor as well to ensure that any order "captures" all appropriate damages.
5. I applaud your concern for the security guard. But don't sell either of you short by simply settling on an amount of money for yourself and splitting it with him. Even if he has no resulting medical issues, he was assaulted by her and has claims of his own. Make sure any resolution takes this into account.
6. Understand that I'm not advocating that you or the security guard be overly litigious or seek to exaggerate any injuries. But if you are inclined to pursue this, which you certainly are entitled to do, I simply do not want you to sell yourself short because you're intimidated by the process. It can be a hassle, but it's less complicated than it may seem at first glance.
7. Make sure you understand what options, if any, are available to you in terms of workers comp, disability, etc. These aren't my areas, even in CA. I'm not suggesting you have to do anything about them. Just be sure that if you're going to pass on them, you know what it is you're passing on.
8. FWIW, many homeowner's policies will provide some coverage -- or at least arguably so -- for assault/battery claims. She may or may not be the beneficiary of such a policy, but keep that option in mind before accepting any discounted settlement based on a claimed inability to pay.
9. Feel free to ask any more specific questions, understanding that: (1) I don't know the law of your jurisdiction; (2) I can't offer actual legal advice about how to proceed in your jurisdiction, although I'm happy to tell you what I'd take into account were I in your position; (3) I'm not primarily a personal injury lawyer; and (4) for all you know I could be a 12-year old pretending on the internet to be a lawyer.
With that lawyerly caveat, I hope your knee is feeling better.
