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:
This case will go to court for the criminal offense. In court you will be able to clarify any comments made by the officer taking the report.
The courts understand at times that information taken by police is misunderstood or mistaken. This does not make the police report a "final" issue of the case.
Your testimony before the judge is what is reflected in the "official judicial record."
Best wishes.
The police report is heresay. Just make sure the names, addresses, and dates are correct.
You can sue the perp for any amount you wish.
The report will not be admitted in evidence. It is a cop's interpretation of what happened, not just a verbatim recitation of what you said. You can sue anyone for anything but whether you can sue successfully is another question. Assuming that you will fully recover from your injuries, you could reasonably expect the recover your medical expenses plus an additional amount designed to compensate you for your inconvenience, pain and suffering. BTW, if you have medical insurance and you get a judgment from the dude, and he actually pays the judgment, you will have to re-pay whatever your insurer paid the hospital.
You can sue for battery in civil court, usually to recover your medical costs and/or any lost work that resulted from the injuries.
As for the criminal matter, you should inform the prosecutor (aka district attorney) that the police report is not entirely accurate and offer to provide a more accurate formal statement.
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