For instance, I met someone who had her wallet stolen and may or may not have been physically hurt. Suppose she had been. And suppose that the suspect was caught. It's certainly possible for the victim to sue the perpetrator, but in practice, what would happen? For example, the man would have no assets, the woman would receive threatening letters, or pleas from him or his family, etc. What really happens?
2007-12-15 16:24:46 · 7 answers · asked by presidentrichardnixon 3 in Politics & Government ➔ Law & Ethics
For injuries that don't require medical treatment, what damages would result? And can the person's future wages be withheld?
2007-12-15 16:32:39 · update #1
"Nothing from nothing leaves nothing." If the guy is mugging folks for money whats he got that anyone would want? Certainly not any money. Nor assets to convert to cash.
2007-12-15 16:27:47 · answer #1 · answered by Joe Schmo from Kokomo 6 · 0⤊ 2⤋
She would have to prove damages. How was she damaged? Then a price would have to be put on the damages. If she would have been injured and unable to work or lost ability to work in the same type of job she was doing which paid more money. She may be able to collect for pain and suffering and mental anguish but it would still have to be proved. The amount of money awarded would have to be in line with the amount of damages. I will say in my little experience working with Civil cases, it is hard to collect unless you are truly damaged. If you get an offer to settle and you refuse and your award is less than the offer you may have to pay all court cost for both parties. As far as collecting in some cases you can attach a bank account or garnish their wages. Also if they get a tax refund you may be able to take that. They don't have to have assets but it might take longer to collect it all. Threatening letters would be a big mistake since that is against the law.
2007-12-15 16:37:23 · answer #2 · answered by Just my opinion 5 · 0⤊ 0⤋
Yes, she could sue her assailant, and - contrary to what the other posters said, she wouldn't need to have actual damages in order to do so.
Assault is what's called an "intentional tort", which means that punitive damages are available.
However, as several other people said, if the guy's a bum and a mugger, what is he likely to have that's worth suing for.
On the other hand, if he does have assets, he can be sued for them. In the other case someone mentioned, after OJ killed Ron Goldman and Nicole Brown, he was still able to to be sued civilly for the harm he did to their families by killing them.
Richard
2007-12-15 17:04:18 · answer #3 · answered by rickinnocal 7 · 1⤊ 0⤋
The victim can sue the perp for damages. If there are no medical bills, no lost work time, and if the stolen property is recovered, it would be difficult to win such a suit. Plus, the perp is probably broke, and a druggie to boot.
So in theory, sure. But it would probably be a waste of effort.
2007-12-15 16:30:29 · answer #4 · answered by Rick K 6 · 1⤊ 0⤋
Yes. Civil causes of action could include assault, for the reasonable apprehension of bodily harm or touching which occurred, and battery, for the offensive touching.
Damages are another matter. Surely could recover real damages (say hospital bills for injuries resulting from battery). Since intentional tort, may be able to recover damages for emotional distress and pain and suffering.
Other civil causes of action may be available too, including intentional infliction of emotional distress, depending on facts.
2007-12-15 16:51:31 · answer #5 · answered by Nicole M 1 · 0⤊ 0⤋
sue and win, then collect? Some states have victim compensation funds available. Many state judges will require compensation from convict to get parole/probation- must pay back from required work to stay out of jail. Hidden assets may turn up- a vehicle being register can get a lien slapped on it and seizure actions for for unpaid compensation order. a court ordered compensation unpaid can be used to get lottery winnings, tax refunds. a judgment in your favor at least gets you aggravation rights- get special collection agent to ask him to pay or go to jail- police notice about collection that they are supposed to do, convict refuses and 'attacks' collection agent, collection agent beats convict and has him arrested, judge gets record of refusing convict being beaten- and if no credible witness for convict - send convict to jail for contempt. May warn collection agent to be cautious.
2007-12-15 22:03:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
is there proof. if so, of course.
do you remember the greedy Golmans and Browns people who never turned an honest days work; they sued a man who was found innocent of murder; and they won!
How great is America! The only country in the world that screams you must democratize and then trashes its own constitution.
2007-12-15 16:29:02 · answer #7 · answered by smileymduke 4 · 1⤊ 3⤋