Sue Your Attacker?

B

Brian Pfleuger

Moderator Emeritus
Ok, so I suppose you can sue for anything, but could you win?

Insert your favorite SD scenario....

The question is, when the smoke clears, the shooting is found to be justified... can you sue your attacker? Recover legal fees? Damage to property? Mental anguish/suffering? Compensation for injuries?

Sure, most of the dirt bags don't have two stones to rub together but, in theory, could you / would you win?
 
Yes I can and would sue... It won't cost me one red cent (well maybe a few bucks to file) and I would easily be awarded the pain and suffering, mental anguish, and property damages... Not gonna hold my breath but if the BG (assuming he lived) ever hits the lottery or inherits money he gets to see my ugly mug taking my piece first...:D But after soaking up the shotgun rounds he won't likely ever be healthy enuff to retaliate...
Brent
 
You can sue anyone for any reason you can convince a lawyer to sue someone for you (unless you can do it all yourself).

Question is... does the dirt bag have anything worthwhile? If he's trying to steal from you does he have any money you could win in a lawsuit and actually recover?
 
Can you imagine collecting his life insurance that his wife or kids expected to get, after he tried to break into your house and you stopped him? :p

Or taking his property through legal channels to liquidate? The car (and its $5000 rims), other valuables in his home? Even the home itself, if he was a dumb enough home owner to attempt a break in or violent crime?

Imagine the media circus behind such a case. You'd be fighting the ACLU for sure, as well as NAACP, La Raza or some other group backing the guy's family.
 
I would definetly sue, but I don't think I could take his life insurance money away. His wife and kids didn't do anything
 
(and its $5000 rims)
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I'd put 'em on my quad. 28" spinners... cool!

I think you can sue these people and I actually wouldn't have problem suing a BG that attacked me. His family? I dunno.... hate seeing kids grow up lacking... I dunno.
 
You can sue anybody for just about anything

Most attackers aren't exactly lottery winners and you'd probably just be ******* your money away.
 
You have got to be kidding...the law only protects the BGs...

There have been cases where the BG was injured while burglarizing homes and have successfully sued the homeowner for damages.
 
There have been cases where the BG was injured while burglarizing homes and have successfully sued the homeowner for damages.
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Correct, but that the BG may have a claim against the homeowner does not negate any claims the homeowner may have against the BG. So you can sue and be counter sued, or vice versa. Isn't tort law fun :D
 
BGs are 'suite proof'.

After you have paid your attorney $$, even if you win a judgment it must be collected.

No large seizable assets = suit proof
 
What needs to be done first, is to file a criminal complaint against the BG. If he assaulted you, attempted to rob you, shot at you, etc., sign a criminal complaint, and follow up with police and prosecutors. At the same time (relatively), file a civil complaint. You can usually use the criminal complaint as leverage in the civil complaint. Courts are usually considerate in letting the criminal complaint go forward, and holding the civil complaint until conviction (if there is one).

Now, if the BG is dead, he/she can't be tried, but the complaint is not expunged.

As to his wife and kids, too bad. He should have been home, or working at a legal job. You are under no obligation to be altruistic, especially if you've been financially or physically harmed. You and your loved ones and family come first.
 
You can usually use the criminal complaint as leverage in the civil complaint.
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While you can use the same evidence, unless he pleads guilty the criminal conviction is not in and of itself very useful.
 
Brickeyee wrote:
While you can use the same evidence, unless he pleads guilty the criminal conviction is not in and of itself very useful.
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Agreed. I'm making some assumptions here for the purposes of the discussion.

Civil actions rely on a preponderance of evidence (50% +). The more crap you can throw at the BG, the more likely you are to win a civil action.
 
The more crap you can throw at the BG, the more likely you are to win a civil action.
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And after spending time and money, and even winning a judgment you have to collect.

If you have money you hold assets in certain ways to protect them.

If you are poor you have nothing to take.

How many of these guys use public defenders for the criminal case?
 
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