In May of 2009 I was moving out of my mom's house and her husband (not my dad) hit me with a chair breaking my cheek bone in three places.He was charged with 2 counts of felonious assult and domestic violence.He pled guilty to domestic violence.He got no jail time but he was ordered to pay $3300 in restitution for medical bills thru the probation department. The problem is he wasn't actually PUT on probation so they can't enforce the judgement.Needless to say,he hasn't payed a dime. The prosecuter in the case is giving me the run around. Also my moms husband wont return my belongings that were left in the house including $4000 worth of tools. I talked to a couple of personnal injury lawyers who told me there's nothing I can do because home owner's insurance only covers accidental injuries not ones done on purpose.The most I can get from small claims is $3000. Am I waisting my time trying to sue him ?
2 Answers from Attorneys
You could probably get quite a large judgement. Does he have any assets. A good job? I would be glad to discuss this further and maybe take the case. I believe you could get a judgement in the tens of thousands of dollars. Might be able to collect. Feel free to contact me to discuss (free consultation) maybe we could come up with something. Ed DiCato
Establishing liability should be a no-brainer if he pled guilty to domestic violence. But finding a lawyer to take the case hinges on whether or not you can collect on a judgment. If he has a bank account, a job, equity in real estate or other assets, he may be collectible. However, if he is a total deadbeat, you may have trouble finding a lawyer who will do all the work on spec, with little likelihood of getting paid.
We can discuss the matter further offline, if you'd like to fill in more of the details. Otherwise, good luck!