QUESTION

How can I sue someone in civil court for armed robbery?

Asked on Jul 19th, 2014 on Civil Litigation - Kentucky
More details to this question:
My sons house was broken into and he was held at gun point while 6 people beat him and robbed him. The police have arrested the intruders and are charging them. My son was held at GUN POINT. He has permanent scars on his face from being hit with a gun. Not only do I want them behind bars but I also want my son to receive payment for what he went through. What do I need to do?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Your son can sue these people for numerous civil torts, including assault, battery, and possibly intentional infliction of emotional distress.  He may be able to recover not only compensatory damages, but also punitive damages.  As a practical matter, however, given the circumstances you've described, it seems likely to me that these people will only have the ability to pay a small part of any judgment your son is awarded.  Some jurisdictions also have crime victim compensation programs; if yours is one which has such a program, it may provide your son with some compensation for his ordeal. Depending on the statute of limitations on your claims, your son may want to delay his suit until criminal proceedings on the wrongdoers have concluded.  If they are proven guilty or plead guilty, that finding would be conclusive against them in your son's civil suit (although your son would still have to prove damages, and possibly other elements, depending on what the defendants are found guilty of.)  If, however, they are found not guilty, it would not be binding on your son in the civil suit since it would only mean that they had not been proven guilty beyond a reasonable doubt, and the "reasonable doubt" standard does not apply to civil actions.  Your son would, in effect, get two bites of the apple.  Again, however, you have to make sure that you sue within the limitations period, and I don't know what that is in Kentucky.
Answered on Jul 21st, 2014 at 1:59 PM

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