Q: Can I file a personal suit after being the victim of a felony assault?
I was the victim of a felony assault in 2019. The case just came to an end today with the state successfully getting a guilty please. I will receive restitution for damages received (I have lasting damage to my vision in my left eye, restitution only covers vision therapy receipts up to last year, I could not afford any more out of pocket since then). I believe the offender received two years probation and 20 days community service. I would like to know my options as my vision has been seriously affected which has had serious knock on effects in other aspects of my life.
A: You most definitely may initiate a civil action for additional lasting damages against the convicted person based on your description. I believe you have requisites merits to initiate such suit for damages, however, the difficulty will lie in the following: even if you file and obtain a judgment for damages against that person, if that person does not have assets, property or funds to be garnished to pay your damages, it would be challenging to collect from nothing, even with an entered court order for damages.
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