Legal Question in Criminal Law in California

Collecting Restitution for assault

Hello. I was recently attacked by a crazed jealous ex-wife who thought I was romantic with her ex-husband. I filed charges and pictures of my wounds with the police. I have received a letter stating I need to provide information as to what I am owed in damages suffered. I know this is a criminal case so can I claim pain and suffering as a part of the restitution owed to me or do I need to fie a civil case for such damages. Also after the attack I filed a stress leave from work, recovered state disability which only covered a portion of my wages. Can I recover for loss of wages and how would I prove the loss in that case? Please help.


Asked on 10/30/07, 11:03 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Collecting Restitution for assault

You can also file a civil case, which is a near sure thing if she's convicted, in which case a personal injury lawyer can help out. Criminal court restitution can include many of the same types of damages and in some cases you can recover twice! Yes, lost earnings, lost earning capacity, medical bills, future medical care, pain and suffering, ask for the moon. You have nothing to lose, the worst that can happen is the criminal court judge says no, in which case you have a second bite of the apple in civil court.

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Answered on 10/30/07, 11:18 pm
Terry A. Nelson Nelson & Lawless

Re: Collecting Restitution for assault

You should ask for all reasonably caused damages, including wage loss, medicals, etc. However, there is no certainty the DA or court will protect you and seek recovery of your damages. You should consider filing a civil case against her, as long as she has the ability to pay a settlement or judgment. Feel free to contact me if serious about doing so.

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Answered on 10/31/07, 3:28 pm


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