-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Need advice
- Thread starter blue01
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Have you filed a CRIMINAL report wit the police? If so, where does the criminal case currently stand?What is the name of your state? Texas
I was a victim of aggravated assault. A couple of guys jumped me with baseball bats. I was able to get away as they chased me and continued doing it for a little while. I was able to get their license plate and ID the guys. My car had about 10 grand damage to it but I was unharmed physically. However, I went through a lot of emotional distress. What can I do in this situation in a civil case? Thanks.
Have they been charged yet?it's been put on hold because they have all "lawyered" up and refuse to give statements
The burden of proof is not as great in a civil trial as it is in a criminal trial, but a criminal conviction would certainly help your chances of winning a civil suit. You may want to talk to a few personal injury attorneys. You wouldn't necessarily need to hire any of them, but if there are reputable attorneys willing to take the case on contingency, it is usually an indication that you have a strong case.
For now, you can check into the Victim's Compensation Fund. It won't cover any property damage, but it will cover many other expenses related to the crime.
http://www.oag.state.tx.us/victims/cvc.shtml
BelizeBreeze
Senior Member
it's been put on hold because they have all "lawyered" up and refuse to give statements
You cannot file a civil action when there is a pending criminal action.
You need to wait until the criminal matter is disposed of before the civil action will be heard in court.yah you can what are you talking about?
30% fee for a case taken on contingency is very reasonable. Unfortunately, proving the "emotional distress" is going to be very difficult. I'd bet the attorneys opinion is dependant upon criminal charges at least being filed against the parties involved.
The 30% is reasonable. However, before signing anything, double check to see if it is a straight 30% or 30% PLUS expenses.20,000 up front AND 30% contingency is reasonable?
If there is an upfront charge, the attorney feels as though you have little to no chance of ever seeing any money, regardless of whether you win or lose. If he thought you had a strong case, that you could COLLECT on, he would take it for no money up front.It's not just 30% alone. Also 20,000 dollars up front.
badapple40
Senior Member
Can someone show me where there is a requirement to file a criminal case first?
Look, you may need to file the case ASAP. Some claims have a one year statute of limitations -- especially for intentional torts, which is the case here.
The judge might well decide to hold the civil case up until the criminal case is done, but that doesn't mean the case shouldn't be filed.
Look, you may need to file the case ASAP. Some claims have a one year statute of limitations -- especially for intentional torts, which is the case here.
The judge might well decide to hold the civil case up until the criminal case is done, but that doesn't mean the case shouldn't be filed.
You Are Guilty
Senior Member
I know what you're saying here, but only a moron would prosecute the civil case while a criminal action is pending. (I could even argue it's borderline malpractice to do so).Can someone show me where there is a requirement to file a criminal case first?
Of course, "filing" and "prosecuting" are two very different things, so I suspect that the previous replies just mixed these two terms up.