QUESTION
Can a defendant sue the victim after he is charged?
Asked on Nov 28th, 2012 on Personal Injury - Virginia
More details to this question:
My boyfriend has been charged with aggravated assault. He was hit by a car by his ex-girlfriend. When he got up and walked to the driver's side of her car, she reached out and ripped the pocket of his shirt. He slapped her. Then he went to the hospital. She continued to stalk him by phone and email (as she had been doing to him and me for months), but he refused to talk to her. The next week, he got a call from detective saying her nose was broken, and the rest is history. His charged was dropped from felonious assault and domestic violence to aggravated assault and he accepted the plea. Witness testimony shows he was hit by the car first, he has hospital records from that day and a record of all of her harassing emails and calls throughout the entire case. He now has a felony on his record even though the judge and lawyer clearly saw the depths of this woman's crazy. She was even on mental health leave from work for three months prior to the incident. Can he sue her for harassment or anything at all? This happened on July 2.
11 ANSWERS
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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If the ex ran her car into your boyfriend, and it was an accident, he can sue her for negligence. If it was on purpose, he can sue her for assault and battery. Her tearing his shirt is also battery. Of course, it was wrong and dumb of him to slap her, but that doesn't change or excuse what she did to him at all. Her stalking and filing a false police report (itself a crime) make her look pretty bad, and it will be up to the jury or judge without a jury to decide whether your boyfriend is entitled to recovery for the injuries. He can get compensation for medical bills, lost work, the torn shirt, pain and suffering, and other damages, including costs of suit (not attorney fees) if he proves his case. Sometimes punitive damages are available for intentional torts like assault and battery. Some attorneys would take on this kind of case on a contingent fee collecting a fraction of whatever is won in settlement or trial, rather than charging by the hour or by a flat fee. He can make an appointment with a personal injury attorney (many do not charge for a brief consultation) and see what he or she says. Take any documentation and the names and numbers of all witnesses for the attorney to see.
Answered on Dec 02nd, 2012 at 7:25 PM
Ronald A. Steinberg
OMG. "Hell hath no fury like a woman scorned." He needs a lawyer. If he can prove the truth, as you have said it, he may be able to nail her for the legal fees, etc. But, if he tries to do it himself, he is going to get screwed. If I represented him and I believed his story, I would have told him to go to trial on the criminal case. What he did, by copping a plea, was to incriminate himself in the civil case.
Answered on Nov 30th, 2012 at 3:55 AM
Dennis P. Mikko
If he can prove damages, a necessary element of any claim, he could bring suit. The real problems lies in whether, if he were to get a judgment against her, she is collectable. If she is not collectable, there may be no sense in suing. However, if the injuries happened as a result of her operation of a motor vehicle, her automobile insurance would have an obligation to defend and if he prevailed to pay the judgment up to the policy limits. Your boyfriend should consult with a personal injury attorney who, ater evaluating all of the facts, could provide more accurate advise.
Answered on Nov 30th, 2012 at 3:55 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It sounds as if this matter is closed and an attempt to brig suit, under the circumstances present, would be futile in my preliminary opinion.
Answered on Nov 30th, 2012 at 3:54 AM
The short answer to your question is yes. He may also be able to sue her for hitting him with her car.
Answered on Nov 29th, 2012 at 10:57 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Sounds like he needs to leave her alone. You need to step back from this dude and ask yourself "Do I want to tie my wagon to this trainwreck?" Turn and run girl, RUN.
Answered on Nov 29th, 2012 at 10:53 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes he can sue her, but she will likely cross-complain against him for the same thing. Did she really have a broken nose? Did she incur medical expenses? If so, she can sue for that. If she continues to stalk, you can get a restraining order.
Answered on Nov 29th, 2012 at 9:47 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It's not the fact that he was charged that matters, it is the fact that he pled guilty, albeit to a reduced charge. A plea to guilty is the same as a conviction. Technically, he could still file a civil action, but as a practical matter it's going nowhere.
Answered on Nov 29th, 2012 at 9:31 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If your question is can he sue her for the injury (?) caused by the auto, the answer is yes. But you have several problems. An assault by the lady in her auto is not negligence and is not covered by insurance. So he (if he was in fact really injured by the car) could get a judgment which he might not ever get paid for. No lawyer or judge would be interested in handling or hearing the case involving all this childish behavior.
Answered on Nov 29th, 2012 at 9:30 PM
From what you describe, the fact that the ex-girlfriend committed a crime did not give your boyfriend the right to then assault her. That's why her was charged with the crime, although it certainly sounds as though the ex also committed one or more crimes. Can your boyfriend sue? Yes, there would be several options available. Should he sue? That's the real question. In most cases of this sort, a lawyer would probably NOT take the case on a contingency (percentage) fee basis unless it was clear that the ex had substantial assets that could pay the judgment (and the lawyer) if your boyfriend won his case. If a lawyer did not take the case on a contingency, then the cost of the legal fees would probably far outweigh any amount which your boyfriend could eventually recover. Plus, simply filing the suit would probably give some degree of satisfaction to the ex. She would be able to use the court system to continue harassing your boyfriend and could stay in his life via the litigation. That's probably the last thing you want. In Virginia, stalking and harassment are crimes. My suggestion is that you try that route if the ex continues with her harassment. You need to document the time, place and circumstances. Good luck.
Answered on Nov 29th, 2012 at 9:23 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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He possibly could. If she owns nothing, it would be a waste of time and money.
Answered on Nov 29th, 2012 at 9:23 PM