Hi, My name is Mark. While working at a mortgage company, I was assaulted by my Branch Manager. I was punched in the face and had to receive 4 Stiches. I am now seeking to have a Civil Law Suite in the United States. I Would like to know, How I could subeoena the video tape for evidence in United States Court? Also with minor permenant scares on my face, How much of a monitary settlement would one ordinarily receive for undue mental mental anguish and permenant physicle damage? If anyone has answers to these questions please help.
2007-07-14 03:21:36 · 5 answers · asked by Mark R 1 in Politics & Government ➔ Law & Ethics
Only a court can issue a subpoena. You need to retain an attorney; file the law suit & immediately subpoena the tape. You must act quickly because businesses will invariably erase or lose the tape or disc as soon as they learn it contains some damaging evidence.
2007-07-14 04:13:18 · answer #1 · answered by Anonymous · 0⤊ 0⤋
After suit is filed, a request for production of the tape can be made on the defendant. I don't know if you plan to sue your employer, and of course that would be more difficult. After suit is filed, assuming your employer is not a party, you could request the video in a deposition on written questions, or a request for production on a non party.
Your damages would depend on your medical bills, your lost time from work and the severity of your injury. Scarring is a permanent injury, but your damages are pretty dependent on the community attitude. If the scars are minor, unless you are an actor or something your damage for scarring will probably be minimal, as would any mental anguish damages. Juries today typically do not award large sums for mental anguish unless it is documented by a psychiatrist or psychologist and has some severe aspects to it.
2007-07-14 03:36:56 · answer #2 · answered by webned 6 · 1⤊ 0⤋
you really really need an attorney.
s/he will help you through all the steps in the process. very importantly--tell your attorney all the information you have, including the events that led to the assault, the existence of the video tape, and any other relevant information.
good luck.
2007-07-14 03:27:07 · answer #3 · answered by brian 4 · 1⤊ 0⤋
You are entitled to get this video as a proof of what happened to you, I don't know if they call this subpoena for videos, but you need to submit this proof, and if they do not want to give it to you, your lawyer should be able to get it for you, good luck.
2007-07-14 03:26:53 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Webned is correct.
The video would be part of the discovery process.
2007-07-14 04:14:49 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋