QUESTION
Is it possible to file a suit for medical bills after the assaulter has already been charged with simple assault?
Asked on Nov 26th, 2013 on Personal Injury - Michigan
More details to this question:
I was assaulted about two months ago. The female who assaulted me plead guilty to simple assault in court so we did not even have to have a trial. After the attack, I went to the ER because of facial contusions and a mild concussion. I am just now receiving the hospital bills. My insurance terminated 3 days before the incident so I now owe a large amount of money. I also missed 8 days of work because of the situation. Is it possible for me to sue?
12 ANSWERS
Yes, you can definitely sue. Get a copy of the police report and trial records. Find a good personal injury attorney.
Answered on Dec 02nd, 2013 at 7:05 PM
Edwin K. Niles
Her criminal case has nothing to do with your civil claim. See a lawyer.
Answered on Dec 02nd, 2013 at 7:04 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, the criminal matter has no effect on the civil matter.
Answered on Dec 02nd, 2013 at 7:04 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, you can. You may have trouble collecting on a judgment, but it may be worth looking into.
Answered on Dec 02nd, 2013 at 7:03 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Yes. She plead guilty to simple assault. The fact that she plead guilty can be used against her at trial in a civil suit filed against her since it is an admission of the fact that she assaulted you.
Answered on Nov 27th, 2013 at 4:07 PM
Ronald A. Steinberg
Sue the animal in civil court.
Answered on Nov 27th, 2013 at 4:07 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Absolutely. You should stay in touch with the police to ensure that as part of his sentence he is ordered to pay restitution i.e., your out of pocket expenses. Get an attorney to help you and sue the guy.
Answered on Nov 27th, 2013 at 2:31 PM
Certainly. In some states such as California you have up to two years from the date of the incident, but it is best to sue as early as possible [once your condition stabilizes if that will occur soon]. You merely missed being able to get an order of restitution as part of her criminal conviction.
Answered on Nov 27th, 2013 at 2:30 PM
James Eugene Hasser
Yes, you can sue civilly. A simpler route may be to get the D.A. to get the judge to require restitution as part of any sentencing imposed. Good luck.
Answered on Nov 27th, 2013 at 2:30 PM
There may be some insurance coverage available for you. Contact an experienced personal injury attorney for a free consultation who knows how to find such coverages.
Answered on Nov 27th, 2013 at 2:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you could bring a civil action. You can also ask the court to require restitution for your damages as part of her sentence, if she has not been sentenced already. See an attorney with details for your options.
Answered on Nov 27th, 2013 at 2:28 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Certainly. Good luck on collecting. Make sure a doctor says it was necessary for you to lose work. Your word wont count for much.
Answered on Nov 27th, 2013 at 2:28 PM