Need legal advice ASAP! Please help!?
Ok, I got punched in the face, total cheap shot. The guy was charged with battery and has court in September. I had to go to the hospital. Now, I went to the police station today and the report I received does not reflect everything I said...it seems as if the cop made stuff up...not sure why? I didn't say some stuff in there and some stuff is untrue. What do I do? Also...how much could I sue this guy for in civil court?
Answer:
If you are no in the US this answer in no way applies to you.
You can't really do anything about the report. You can ask to speak to the officer's supervisor and request a change in the record but this rarely happens.
As far as damages, in most jurisdictions you can ask for actual damages (hosptial bills, replacement of damaged clothing etc.) sometimes missed work (although very few jurisdictions allow this claim) pain and suffering (which speaks for itself) and punitive damages which are designed to punish the offender.
I don't know what your actual damages are but if they aren't that much file in small claims court and ask for the maximum amount allowed. I'd file for the acutal dollar amount of the hospital bills etc. and then note the rest as punitive damages. The judge will decide how much to award you.
Unless the other guy has a ton of money, its not worth hiring an attorney.
Also, if he was found guilty in criminal proceedings this will definitely further your case so take the judgement documents in that case with you to civil court. If at anytime during the crimninal trial he admits striking you or to guilt, then take the transcript for evidence as well. You'll have to pay for it but you can recoup the cost in your civil case.
Ask them for a supplemental report and fill it out yourself, it will be attached to the original report. If the guy has nothing then there would probably not be a lawyer that would take the case. If the guy has assets then you would probably get twice your medical costs and out of that would come the paying back of your health insurance or paying your medical bills and paying your attorney.
...Ok...slow down... Ask to talk with the Chief...(he's the boss) and see if he can help you... trying to sue the Police is like trying to swim with Sharks... but... if the Chief won't help or streighten out the matter... the local TV stations just love to swim wth the Sharks (they have the gear to do it)...don't get excited with the Police... be polite and respectful... I think the Chief can help you with this...
You can sue for your medical expenses and any time you lost from work as a result as well as for pain and suffering. That said, don't count on collecting much. Depending on where you live, the cost of suing and collecting would likely outstrip any recovery you might get very quickly.
As far as the criminal proceedings are concerned, just tell the truth and give an honest account. Police reports aren't infallible and they don't constitute evidence. If you get asked about statements in the police report, just answer honestly about what you told the officer. If there is something inaccurate in the report, say as much. You'll come to no harm from it.
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