QUESTION
Can I sue for mental, physical and emotional distress?
Asked on Aug 22nd, 2013 on Litigation - New York
More details to this question:
I was acquitted on all charges of CSC 3rd and 4th degree and accosting a minor child with immortal purposes just recently. I am a paraplegic in a wheelchair and this has been the hardest thing ever for me. For being a good person and sending that girl home. I was pulled off bed rest taken to jail not once but twice degraded embarrassed pulled out of my wheelchair and laughed at. Called names, moved 4 different times, lost some of my storage, money for 2 different lawyers, money for 2 different times I was locked up in 2 different counties. Within this time, one of the reasons I ended up in the hospital was because I was never allowed to rest to let my wound heal. After surgery, I was in court when I was supposed to be on bed rest they had me in court. Mentally I sit and cry because I can’t focus like I did before. For a whole year in a half I’ve been going through these cases while on bed rest. I have 2 broken legs a broken back and a open wound and I was going to court with no kind of medical assistance for the broken body I have. I want to know if I have a case of suing mentally physically and emotionally.
4 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You need to discuss all of this with an attorney. For example, I cannot tell from your question who you want to sue, and for what. I cannot tell if you want to sue the child who accused you, the police who charged you, the prosecutor who prosecuted you, or the jailers who neglected your medical treatment. If you want to sue the police or prosecutor, a lawyer would need to review the evidence on which the charge was based. If there was probable cause for the charge, you would have no case. If you want to sue the jail for medical neglect, an attorney would need to review the medical records to determine whether they failed to provide minimally acceptable medical treatment.
Answered on Oct 17th, 2013 at 8:04 AM
John J. Carney
Call a civil lawyer to give him the facts. It is very hard to sue for malicious prosecution. The fact that you were found not guilty does not mean you were found innocent or are innocent, just not proven guilty beyond a reasonable doubt.
Answered on Aug 29th, 2013 at 2:00 PM
Ronald A. Steinberg
Get a lawyer. Get a copy of the court file and a transcript of the court proceedings. By the way, who do you intend to sue? If the cops had reasonable suspicion that you had committed a crime, they cannot be sued.
Answered on Aug 29th, 2013 at 2:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sue who? You were charged with a crime. Don't know what you did you beat the rap in court. That does not mean you did not do something wrong or illegal. It means the state did not prove its case. you get nothing for defending yourself. There is no one to sue. That is the system. You need to stop feeling sorry for yourself and get on with your life.
Answered on Aug 29th, 2013 at 2:00 PM