Livingston, TN asked in Criminal Law and Personal Injury for Tennessee

Q: Was assulted in my front yard, resulting in broken bones reconstructive surgery, stitches and concussion.

He is being charged with aggravated assault. What legal recourse do I have?

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3 Lawyer Answers
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
Answered
  • Criminal Law Lawyer
  • Cleveland, TN
  • Licensed in Tennessee

A: That is your legal recourse. If someone commits a criminal act against you, you file a charge against them. At that point, you are the victim and will be required to show up in criminal court for testimony.

Lawrence James Arnkoff
Lawrence James Arnkoff
Answered
  • Criminal Law Lawyer
  • Brentwood, TN
  • Licensed in Tennessee

A: You have two avenues available to you. The first has already commenced because the state has filed criminal charges. That is crucial to any possibility of your recovering for your damages. If the person is convicted the Judge must impose restitution for your injuries. The second avenue is hiring an attorney to file a civil lawsuit and you should consult with one who specializes in personal injury work. Unfortunately many times

you can obtain a judgment against the one who injured you but he doesn't have any assets or insurance. An attorney can investigate that for you before filing suit. The restitution from the criminal case should put pressure on the person throughout the length of their sentence. After that the judge can convert the restitution order into a civil judgment. Good luck.

Peter N. Munsing
Peter N. Munsing
Answered

A: talk to the victim assistance coordinator about his being responsible for your present & future medical bills.

You technically have a civil case you can file but if he doesn't have money then it's a long expensive slog for nothing.

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