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  • Suing the bad guys

    Is it worth it? Got in a good ol' fight almost two years ago.... Two surgeries along with a metal plate and seven screws to hold me together. Dude was sentence to 18-years, but you know how that goes, he'll be out soon. Is it worth having a judgement against him?? Obviously dopers don't have junk in the pen, but he's gonna get out eventually and gonna have to pay his parole..

  • #2
    You can sue, get a judgment and whenever your suspect acquires anything of value in the future, (car, watch, house) have the sheriff's office out their to seize it and auction it off to help satisfy part of the judgment. You can keep this up for the rest of his life until the judgment is satisfied.

    However, most states have subrogation laws. They state that your employer (or whoever paid your disability wages while you were off injured) and the insurance company who paid your medical bills, get first crack at the money you win in the law suit to reimburse them for what they paid out. You get what's left if any. As a result, you will bear the time and cost of suing for the benefit of your employer and its insurance company first and for your benefit last. Now, you can ask your employer and their insurance company is they wish to join the suit and if not, whether they will waive their subrogation rights. Some will some will not.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      Well crap, I appreciate the info. Medical bills, and workers comp is nearly $50,000. Probably ain't gonna happen... Thanks again

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      • #4
        Chances are this guy will never have anything you can attach/seize. Most property (i.e. house, car, etc.) is exempt. So having a judgment against him probably won't affect his life at all. He probably never had good credit to begin with so he's not going to care about a judgment.
        These are all assumptions, though. If the guy who injured you is somehow a business owner or owns multiple properties or something, it would be great to get a judgment against him and at least tie up his property and ruin his credit. Or if he makes decent money when he gets out, you could maybe get his salary garnished.
        Best case would be if you had a friend that was an attorney and would take the case just on general principal, not expecting for anyone to ever get paid.
        I work in a civil court, and it's almost ironic that a lot of the people who get judgments against them will never actually be affected by it. They have nothing to lose, which might be why they act so irresponsibly in the first place. There have been times when I wanted to punch someone's lights out, but I didn't simply because I have a lot to lose.
        "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

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        • #5
          Originally posted by adeutch View Post
          Most property (i.e. house, car, etc.)
          Really? The only thing that's protected in California is a portion of your house, but that's only if you think to homestead it ahead of time.

          Homesteading protects the first $50,000 in equity. The rest is fair game for your creditors. No homestead = no protection.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            deleted post
            Last edited by SharksFan; 11-11-2009, 11:06 PM.

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            • #7
              In Texas the work comp carrier has an absolute subrogation of the claim. This has gone to the court of appeals and is pretty well standard with the comp carriers to recoup their expenses. Do an asset evaluation and see who his parents are. If they are old and have money go for it. You may be able to get a judgment of more than what is owed the comp carrier. The comp carrier will get first shot at the funds, but who knows.
              Last edited by ddurkof; 09-30-2009, 09:32 PM. Reason: spelling error
              Ut humiliter opinor

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              • #8
                If it weren't so hard to get at the guy's property I bet it would be worth it to the officer despite the probable subrogation claim. I'm certain he's not your typical deadbeat looking for some easy money. He just wants this guy to pay for his choices. Probably doesn't matter so much who he actually pays.
                What you definitely don't want to do is file a lawsuit and win money without telling the worker comp carrier, spend the money, and then get sued a couple years later.
                "No one can make you feel like a turd without your permission." - Eleanor Roosevelt.

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                • #9
                  Originally posted by iamacop View Post
                  Well crap, I appreciate the info. Medical bills, and workers comp is nearly $50,000. Probably ain't gonna happen... Thanks again
                  i am sorry to hear that happened to you...that turd does not need to belong back in soceity....
                  SOON----GLOCK 23
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                  • #10
                    Originally posted by OILMAN69 View Post
                    i am sorry to hear that happened to you...that turd does not need to belong back in soceity....
                    Thank Oilman, but as they say, "It's part of the job." Just gotta look at the bright side, I got to ride in a neato ambulance and get legally high...

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                    • #11
                      He'd sue you in a heartbeat, don't think twice about it.

                      Had a relative OTJ that was seriously injured in an on duty mva, didnt sue because the civilian was a nice person and very contrite.
                      Spent the rest of his life paying medical bills from problems that arose later as a result of his injuries.
                      "The wicked flee when no man pursueth
                      but the righteous are bold as a lion"

                      Proverbs 28:1, inscription beneath NLEOM lion.sigpic

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                      • #12
                        Originally posted by Highwaylaw View Post
                        He'd sue you in a heartbeat, don't think twice about it.

                        Had a relative OTJ that was seriously injured in an on duty mva, didnt sue because the civilian was a nice person and very contrite.
                        Spent the rest of his life paying medical bills from problems that arose later as a result of his injuries.
                        Vehicle accidents are usually covered with auto insurance. If the bad guy doesn't have it, you can still file on yours. Unfortunately, I was fighting this guy outside his vehicle, so I could not file on his or my vehicle insurance... Just stuck like Chuck!

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                        • #13
                          Originally posted by iamacop View Post
                          Vehicle accidents are usually covered with auto insurance. If the bad guy doesn't have it, you can still file on yours. Unfortunately, I was fighting this guy outside his vehicle, so I could not file on his or my vehicle insurance... Just stuck like Chuck!
                          iamacop, where exactly did this happen. I mean, was it on his property or someone else's property or was it on the side of the road? How old was he? I was bitten by a bull mastiff several years ago and suffered nerve damage in my leg. He left a gaping hole in my calf (leg, not bovine).

                          I got an attorney and the homeowner's insurance for the guy who owned it settled out of court. If this happened on private property, you may have another option if they have property insurance.
                          sigpic

                          " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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                          • #14
                            Nope, stop on the side of the highway... I was the stop vehicle for our narcos.. Since the fight occurred outside the vehicle, I could not file... Plus, he was in a rental vehicle..

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                            • #15
                              Have you talked to an attorney? It might be worth a try, you never know.
                              sigpic

                              " 'Blessed are the Peacemakers', is, I suppose, to be understood in the other world, for in this one they are frequently cursed." - Benjamin Franklin

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