He is claiming I injured him by hitting a nerve in the back of his neck, what really happened is I pulled his hair because he jerk "our" daughter off the steps and she was screaming and crying. There is a police report on the incident, he didn't get hurt at all but is saying he has over $4000 worth of doctors bills. we don't get along at all!!! What should I do, I don't can't afford an attorney. Doesn't he have to have proof? Can he get away with this?
2006-08-10 08:08:04 · 12 answers · asked by Shelby 2 in Politics & Government ➔ Law & Ethics
This is America (i presume) and you can sue anybody for anything.
It may just be an empty threat, you will not know unless and until you are served with a lawsuit. Until then there is nothing you can do and you can not prevent him from filing a suit. That being said, if he is a threat to you and/or your daughter, consider getting and "order of protection" to make him stay away.
Regarding a lawuit, if you are served, do not ignore it. Once a lawsuit is served, you have a specific amount of time to file an answer or you will be in default. The answer goes to the court and to the plaintiff (or attorney for plaintiff if there is one).
If you do not have the assets, you can apply to the local bar association for "pro bono" help. Even a law student might be able to help you draft the answer.
If you can not get any help, still file an answer to the complaint yourself. Follow the format of the complaint and either admit or deny each numbered allegation of the complaint. You can also assert affirmative defenses and make counter claims in your answer.
Yes, he can get away with this unless the court finds that his action is frivolous.
Yes, he does need proof to win the case, but in a civil action the level of proof is merely a "preponderance of the evidence."
Good luck
2006-08-10 08:28:17 · answer #1 · answered by Steve Wood 3 · 0⤊ 0⤋
I really wouldn't worry about it until you are filed with a lawsuit. If a police report was filed, and you weren't charged with A&B (i'm assuming), then the police didn't see any probable cause. so from there, his only recourse is to sue you in civil court. if he does in fact have doctor's bills, then he will have to prove that you caused those injuries.
seems like the only witness is your daughter- is she old enough to testify? otherwise, it's going to be your word against his. he'll have to prove that not only the alleged contact occured, but that your contact with him caused the injuries. it's a "preponderance of the evidence" standard. not "beyond a reasonable doubt." but if it's your word against his, basically he has an uphill battle. whatever YOU SAY will be what the judge uses to rule on the case (unless the daughter can testify).
one last point...i am not sure if you admitted any contact in the police report. if you did, then that's not necessarily helping :-/ the only defense i can think of is that you were "acting in defense of your daughter." if you did admit physical contact in the police report (although it's hearsay), i recommend you getting an attorney- IF HE SUES. he may just be full of steam. a lot of people make idle threats.
Good luck.
2006-08-10 08:28:00 · answer #2 · answered by sexy law chick 5 · 0⤊ 0⤋
Well if it does go to court, only a judge will be able to decide. Was he ever injured before on his neck or just recently before the hair pulling incident? Sounds to me like he's trying to put one over on you, like what kind of Doctor's bills, he'd also have to have a letter from his doctor stating the severity of the injuries. Who knows, this could be one of those scam things and he picked just this opportunity to pull this scam. That's really what it sounds like to me. I've heard of similar incidents like this where the Doctor, Lawyer and the supposed victim were all in on the scam and all got a cut of the fees paid out in the lawsuit.You don't say where you're from. Here in Canada, we have Legal Aid lawyers. If you're in the States, they should have something similar. Good Luck to you.
2006-08-10 08:22:32 · answer #3 · answered by whtecloud 5 · 0⤊ 0⤋
Find a Legal Aid office in your area, immediately. Sounds like he is alleging a soft-tissue injury. Is he suing you civilly or has he lodged a criminal complaint? Sounds civil to me. Police reports and Dr.'s bills are pretty good evidence for juries to consider.
As for the proof necessary to show a "battery" (which is what it sounds like he's alleging), it depends on your jurisdiction's statutes. That's why you need to seek out a Legal Aid lawyer. Or, go to your local courthouse and do a little research on your own and go it pro se (self-represented). Good luck.
2006-08-10 08:19:15 · answer #4 · answered by Anonymous · 0⤊ 0⤋
File a Counter suit for your defense and make a report through DHS for his negligence to your child along with a police report that should scare him enough to back down. Remember don't go to DHS if you have drugs in your system just get a police report if that apply's
2006-08-10 08:29:29 · answer #5 · answered by law99391 1 · 0⤊ 0⤋
your first step is a consultation for the both of you separately in front of the best lawyers money can buy. Let them determine waht has happened in a legal sense and offer you both the best settlement. that way you part as friends and you win not the lawyers:)
2006-08-10 08:19:11 · answer #6 · answered by chip33302 3 · 0⤊ 0⤋
He can file any kind of lawsuit he wants to, but circumstances may work in your favor, especially is you are willing to let the daughter testify.
2006-08-10 08:24:13 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Sounds like you should tell the cops he's abusive and you had to protect your daughter... Does he have a witness other than you and her? How's he going to prove you hit him? Is he a lot bigger than you? (that would be helpful) Does anyone else in your family know he's like this? Ask them to talk... Good luck!!!
2006-08-10 08:16:17 · answer #8 · answered by Grimm 4 · 0⤊ 0⤋
Notify your insurance agent. This potential claim might be covered by a renter's policy or a homeowner's policy.
2006-08-10 08:16:15 · answer #9 · answered by Carl 7 · 0⤊ 0⤋
Well, if he didn't call the police right then he probably can not prove it. Next time punch him hard!
2006-08-10 08:14:57 · answer #10 · answered by highchaparral2006 4 · 0⤊ 0⤋