Legal Question in Criminal Law in Virginia

Re: Suing the Eye Doctor convicted of sexually assualting my dauhter

There are ways of getting around the bankruptcy issue. Additionally, there may be a claim available against the company.

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Re: Suing the Eye Doctor convicted of sexually assualting my dauhter

my first observation is that criminal restitution cannot be bankrupted. Call the local prosecutor who handled the case to make sure it was entered properly. Whether bankrupted or not, he might be in violation of the Court Order and the terms of his sentence and can be brought back to answer for that violation.

Whether he was ordered criminal restitution or not, you likely have a civil tort claim against him. This judgment could be bankrupted and he may have no malpractise insurance or private resources to collect against.

As always speak with a competent lawyer that handles such matters.

Good luck.

Re: Suing the Eye Doctor convicted of sexually assualting my dauhter

Civil claims arising from criminal acts aren't dischargeable in bankruptcy, but you would have to file a claim and take other steps. You also need to sue hom and his business. Why haven't you done this already? You have only given him time to hide his assets. Depending on the type of business and its insurance coverage you could possibly sue on various legal theories, but as a general rule insurance doesn't pay damages resulting from intentional acts. Get a lawyer. There are statutes of limitation and other deadlines that can completely bar your right to recover and I pray you aren't already too late. Do not rely on criminal court restitution orders. I cannot fathom why on earth you haven't sued already.