Q: Am I able to file a personal injury lawsuit against a person
even though he's already been charged criminally for assault in the matter?
A: Yes, though it makes sense to see if they are convicted. Further, you should be aware that if that person was not on the job at the time, you will have to pay an attorney to sue him in all liklihood. My suggestion: as to medical bills etc, follow up with the DA's victim assistance coordinator as to whether there is a program for crime victims to pay their out-of-pocket expenses. Second, contact a member of CAOC--they give free consultations, so you can see if there are other facts that would make a civil case worth pursuing. Note also if he is convicted or takes a plea, usually restitution can be made part of the process.
A: Yes. However, until the criminal case is complete, your civil case will likely be stayed. Keep in mind, personal injury claims have a two-year statute of limitations after which your claim will be forever barred from being brought to court. Regardless of the status of the criminal case, you must file your lawsuit prior to your statute running.
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