Legal Question in Personal Injury in California
Small Claims Court action
My wife's former husband came to our house drunk, began arguing with my wife in the front driveway, and when I told him to leave he sucker punched me. I needed nine stitches to close the laceration on my lips. He fled prior to arrival of police. Police interviewed several witnesses, some were reluctant to give statements, but two gave statements that supported my and my wife's statement, that being; I was sucker punched without cause. He later telephoned police and gave a statement, he said I tried to hit him several times and he was defending himself when he hit me. His story was a complete lie and none of the witnesses gave statements supporting his version. I choose to not prosecute because I did not want to have his sons called as witnesses against their father. This seemed to embolden him and he tells his BS version to anyone who will listen, making me out to be the bad guy. I want to sue him in small claims court for my medical expenses, lost wages, and that sort of thing, but I was wondering if I can also sue for either punative damages or slander, for his telling these lies about me. Thank you for your assistance with this matter.
1 Answer from Attorneys
Re: Small Claims Court action
Yes, you can sue him, I would think in something larger than small claims, but I would need to hear more. Does the defendant have homeowner's insurance?
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS
Personal Injury, Contracts, Tax Matters, Business,
Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice
Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
JOEL SELIK
Attorney at Law
800-894-2889
760-479-1515
702-243-1930
Licensed to Practice Law in California and Nevada Only
CONCENTRATING IN ELDER ABUSE, LITIGATION AND COLLECTIONS
Personal Injury, Contracts, Tax Matters, Business,
Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice
Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
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