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I was parked - she tried to flee scene - she ended up assaulting police officer and got tasered, we have gone to cort 3X's as witnesses to assault of police office. Even though I have not gone to the Dr, could I still sue? and if so, what damages could be expected? -

2006-09-24 15:36:49 · 15 answers · asked by Tara J 1 in Politics & Government Law & Ethics

15 answers

You can sue for any damages. Even if the damage was covered by insurance, you still had to pay a deductible. For these damages, most of this expense (except the deductible) must be repaid to the insurance company.

You can sue for any additonal expenses to get the vehicle repaired including phone expenses, mileage, rental car, etc.

You can sue for any physical or mental pain and discomfort. This can include mental stress, etc. resulting from he accident. You will need a doctor's report and probably need his testimony if you go to work. Your lawyer can provide a reference.

side note: This is the pain and suffering you hear so much about in rediculously large court decisions.

I do not think you can sue for lost time for the court appearance, but you can sue for any other time lost, including time vehicle repairs, estimates, etc.

You can also collect legal fees (lawyer fees0 for claiming the above. You can collecct any personal expenses pursuing the legal option, including lost work time, travel, etc.

The bigger question comes to mind: Does the offender have any assets you can collect? As the saying goes, you can't get blood from a turnip. If the offender is broke and unemployed, it is probaly not worth pursuing.

If he does have assets, collect all the above information, total by category, and see a lawyer. You will want to have all of this up front and done - he will charge by the hour, so if this goes south, you want to keep your exposure to a minimum by doing as uch work as possible yourself beforehand. Most will provide a free consultation. Most will charge, so you want to make sure there is something to collect.

The offender's liability for this is a slam dunk except for non-tangible items such as pain and suffering. The offender will have no sympathy in court given that they ran away and assulted the officer. They will make a sizable counter offer to settle outside court which should cover all the tangibles plus a little more. it comes down to economics - they know they will have to pay the tangibles, plkus they will have some additional expenses if it goes to court, so it is in their best interest to offer these additional court expenses to you up front and not risk loosing a lot more to pain and suffering, etc. You may or may not get this much if you go to court, so if it is reasonable take this offer and call it over.

Last note: When the case is proceeding, let your lawyer do his thing. Don't get caught up following every step and becoming actively involved in every decision. They do lots of these small cases. They know what to say and how to proceed to get the most for you, so unlesss they need your attendance, allow them to operate freely to your best interest. (You never know - you couldsay the wrong thing in a meeting and loose some potential cash).

Good luck.

2006-09-24 16:02:17 · answer #1 · answered by schester3 3 · 0 0

You can still sue, doesn't sound like the statute of limitations ran out. As long as you're legitimately hurt, you should be entiteld to something in return... but you'll have to have a medical record that documents it. If there is an injury, then an attorney will require you to see a doctor right away to find out the extent of your injuries. Yes there are some shady attorneys out there that will send you to a quack to say something's wrong with you that may or may not be, but avoid these it is a criminal act!!

Be advised if you sue someone who has no money or insurance, you're not going to get anything anyway so don't bother, you'll just end up wasting time and/or money.

Any monetary reward depends on the extent of your injuries, their insurance coverage, and what a jury would award (or whatever you can get out of court).

2006-09-24 15:45:34 · answer #2 · answered by Brian S 3 · 0 0

If you are suing for medical reasons, you will need medical proof that you were injured as a result of her actions. At this point, that might be pretty hard to prove as you didn't go to the doctor.

It sounds like you are trying to milk the system, if that is the case.

In some states, Ie. MI with no-fault insurance and a deductible, you may be able to sue for the amount of the deductible, or any other out of pocket expenses that you had to pay re: your vehicular damages that were NOT reimbursed by insurance.

2006-09-24 15:48:33 · answer #3 · answered by Road Warrior 4 · 0 0

Yes, you could sue for the damages done to the car. For the pain you may be experiencing, you need a doctor to verify the physical problems. Get an attorney, ask him what you would need. Use the police report to back up your case. Good luck.

2006-09-24 15:41:15 · answer #4 · answered by stick man 6 · 0 0

A similiar situation happened to me. Only with very different circumstances. The drunk was parked in the middle of the free way with his car covering 2 lanes of traffick. He was trying to commit suicide. It was pouring rain, and with few cars on the freeway. By the time I saw the car it was way too late. I veered towards the ditch to avoide hitting him but it was just too late by the time I actually saw the car. His car was barely touched but mine was destroyed. The man was unharmed. Instead of seeing if we were ok he got into his car and tried to drive away. I was pissed and when I saw him try to leave I ran over there and opened his door. I then pulled him out by his hair and took his keys. While we waited for the police he was begging us to let him go. He didnt want to go to jail, he just wanted to die, blah blah blah. Police came and he is serving some time for assualt with a vehicle, DUI, the Hit and run attempt, and a bunch of others. We could have sued, however, if the person is broke it wont do you a bit of good! You wont ever see the money. this guy had no insurance. Luckily we wern't hurt.

2016-03-27 07:53:48 · answer #5 · answered by ? 4 · 0 0

You can "sue" for anything your heart desires. Whether you will win and collect is a whole 'nother issue. You will have to establish your damages. In other words, you will have to prove you were injured. This is usually done with medical records and medical bills. In your case, if you were truthfully injured, you should contact the claims adjuster for her insurance carrier and discuss it. Why give an attorney 1/3 of your money for something you can pursue on your own?

2006-09-24 15:47:39 · answer #6 · answered by nobody 5 · 0 0

As others have said, do you have any damages? If you weren't hurt, why are you thinking of suing? If you were hurt but didn't realize it, then of course you can sue, if there is a good reason you didn't realize it earlier.

Note this: It isn't a game, and it isn't a lottery. The law usually does what is just. If you aren't hurt and your car wasn't damaged, you shouldn't get any money, and if you are, you should. It's simple.

2006-09-24 15:44:31 · answer #7 · answered by y_nevin 2 · 0 0

Were you injuried in any way? If so, that should have been noted in a police report of some kind. If you have been called to testify for the police then your case should be on file. How long ago was it? Your insurance company didn't take any action in court? Sounds strange to me.

2006-09-24 15:40:58 · answer #8 · answered by rj e in new york 2 · 0 0

Yeah, you could sue for the damage to the car, and if you missed any work because your car was damaged, you can sue for lost wages.

2006-09-25 07:58:43 · answer #9 · answered by Anonymous · 0 0

Injuries in an accident do not always show up right away you could still sue it is not to late. But make sure you have good reason.

2006-09-24 15:54:54 · answer #10 · answered by Anonymous · 0 0

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