My brother in law broke my husbands jaw by blind siding him with a punch . He ran away before my husband could get to him. The sheriffs office nor the county attorneys office won't give us a warrant or anything because they are brothers. Even though the state police said it was fourth degree assault. What does anyone suggest.
2007-06-21 16:37:04 · 8 answers · asked by blinko 1 in Politics & Government ➔ Law Enforcement & Police
get you police report, have witnesses write down what they saw and get that signature of theirs legally verified .... this is important to make that sucker pay, maybe he'll think twice the next time he wants to hit another man, woman or child in the face..... hit him in the pocketbook.
once that's done, sign up at court for a court date/you could defend yourself if you got witnesses and photos, if you win , good luck, remember the loser pays the court costs
2007-06-21 16:42:30 · answer #1 · answered by inbangur2008 3 · 0⤊ 0⤋
Pay an attorney to write a letter saying that the bills must be paid now. If they are not paid now the attorney will file a suit and you will have to pay for pain, suffering, etc.
Except for the cost of the initial letter, it will cost you nothing. The attorney might get 40% of the settlemet, but that is better than nothing.
Note; if it is under $5000 in most states it is off to small claims court. Check your own state by putting "small claims court in the state of _____".
2007-06-21 23:47:59 · answer #2 · answered by eric l 6 · 0⤊ 0⤋
There are two separate systems of justice.
First, there is criminal law. Harkening back to England, it is for a breach of the KING's peace (or, a violation of society's rights). It is not designed to compensate individual victims, but to protect the society from bad conduct. For example, in your case, a criminal charge would be brought to protect SOCIETY from people hitting others, instead of to compensate husband (although judge could order restitution).
The second is civil law. That says that when an individual's rights are violated, they can be compensated.
There are many different areas of civil laws, but the one you are talking about here is the tort of battery (not assault, which is a threat of violence with present opportunity to follow through).
The easy answer == you demand payment, and if not made, you sue. File a complaint (includes filing fee), have it served, and then you go to court.
You may get an attorney to help your husband; or he can file it himself. He would need to prove that the brother in law wrongfully "touched" or struck him, and caused him damage; for a battery, you need to show that the contact was intentional.
Doesn't sound like you will have much trouble proving this, but you will need to be prepared to testify -- and for the trouble this will cause with extended family.
Good luck
2007-06-21 23:44:55 · answer #3 · answered by robert_dod 6 · 0⤊ 0⤋
Insist that the state police investigate the crime. Hire a good lawyer, and sue the brother for battery.
2007-06-21 23:40:15 · answer #4 · answered by krollohare2 7 · 1⤊ 0⤋
Your husband should tell his mother to make his brother behave properly and pay the hospital.
2007-06-21 23:46:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Take it to court: assault cases often cover such fees
2007-06-22 00:01:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
get a lawyer
2007-06-25 08:09:36 · answer #7 · answered by cheri h 7 · 0⤊ 0⤋
press assault charges..
2007-06-21 23:43:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋