by Sashman1972 » Thu Mar 03, 2011 03:42 am
I was the victim of an unprovoked assault. The guy who hit me was arrested for felony assault. I suffered a broken jaw in 2 places. I've been wired shut for almost a month now. I was hospitalized for a week. The pain is just horrible. I've lost over 20lb. as well. I now know the real feeling of hunger. I am disabled, but the assault doesn't affect any part of my disabilty. I am also insured. I'm curious as to what I am entitled to. I keep seeing that it is 3x the amount of the medical bills. Is this because the more severe an injury, the more the medical bills are? I've done some research and it looks like my surgery cost upwards of $30,000, and I can only imagine the cost of having to stay in a hospital for a week. I've yet to receive any bill except for the emergeny rooms, which cost $820. I know that the guy has assets, because he owns a home. He just happens to live a few doors down from a friend of mine. Seeing that I don't have any expenses, besides my small co-pays for my medicine, and have not lost any wages, will that affect the outcome? I do not yet have a lawyer, and not sure I'll be able to get one, because this wasn't an accident, and it's hard to prove intent. Also, many lawyers won't take something like this (as I've been told) if it isn't worth their time financially. Any input would be appreciated, and if you have any questions, ask away. Thanks!
Posted: Thu Mar 03, 2011 07:18 am Post Subject:
Here is the question... who is going to pay you this money? Certainly not the other person's liability carrier... as this sounds like an intentional act and if so, it's not covered. Is the other person going to pay you directly? I doubt that too... as he just hit you so it does not sounds like you are in good terms. Do you plan to file suit? If so, you will probably need to file in a higher court then small claims. As such, you'd need an attorney to stand any chance of winning.
Was their a police report filed?
Posted: Thu Mar 03, 2011 12:13 pm Post Subject:
Hi
Posted: Thu Mar 03, 2011 06:08 pm Post Subject:
You asked if there was a police report filed. I said that he was arrested and charged with felony assault. You say that he won't be paying me. Why not? Am I not entitled to his assets? Can I not garnish his wages?
Posted: Thu Mar 03, 2011 07:56 pm Post Subject:
You say that he won't be paying me. Why not? Am I not entitled to his assets? Can I not garnish his wages?
When you send him a letter asking him for $xxxx.xx do you think he's going to write you a check and send it to you? I'm guessing since he has no problem hitting you that this is not going to be on his list of "things to do". You are only entitled to his assests; 1)if you get a Judgment. This means you will need to file and win a lawsuit against this person. This is probably going to require that you get an attorney, and 2) that you get a court order to attach your judgment to those assets. However, this does not mean you can simply take those assets... it might... but usually you would be allowed to place a lien against them. If the title/deed is ever transfered your lien will need to be satisfied first. Some states will allow a person's wags to be garnished. Again, this would also require a Writ (?) to allows this to be done.Getting a judgement and then attaching that judgement is not as simple as filling out some paperwork. It requires a trial. You could file in Small Claims court but then you are limited in the amount you can ask for and Small Claims court is going to work in that person's favor. If you file in a higher court then you could either represent yourself (Pro Se.... and you'd probably loose) or hire an attorney. If you hired an attorney then that attorney can advise you as to what you should be asking for.
To put it briefly, deserving and asking for compensation is one thing... getting it is a completely different animal.
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