Should I press charges or consider a lawsuit?
Doing either are both options, as is doing both or neitherThe advantage of pressing criminal charges is that you can obtain some measure of justice with no effort or expense on your part. It is more difficult to obtain a verdict in a criminal proceeding than a civil one, since a guilty verdict must be unanimous and determined beyond a reasonable doubt. In a civil proceeding, a finding of liability can be less than unanimous (depending on the jurisdiction) and is by the preponderance of evidence which is a less demanding standard.You have some obstacles to a successful to civil action none the least of which is whether you can find a capable personal injury attorney willing to take your case on a contingency fee. Generally you don't sue someone for a specific amount, 50k or anything else. It's up to a jury to determine damages. While punitive damages and damages for your pain an suffering are all possible, damages turn on your medical bills, lost income and your actual injury. without a significant injury and medical/wage loss, you're unlikely to interest an attorney. The final obstacle is even if you win substantial damages you still have to collect. Such claims are not covered by insurance and many defendants don't have the resources to pay. One of the main factors an attorney will consider in taking your case beyond proving liability and the amount of damages, is ascertaining the likelihood of collecting if you win.
Can an inmate file a civil lawsuit while in jail or does his wife have to?
Want to file a suit against the prison? That’d be the only instance where you’d want to be locked up a LONG LONG time. But, yes. You still have the right to file suit against the prison or anyone else.It won’t be easy.It can take years.Before you can file against the prison, the law requires that you exhaust the prison’s grievance procedures. I started this process and made it through four of the steps. Each step took longer than the last, and the responses I got back made it clear that my grievance hadn’t even been read. Each prison official just parroted what his subordinate had said in a boiler plate response. I’ve forgotten the terms used, but it amounted to a written complaint to my case manager, then one to his supervisor, the warden. I think this was a BP6 or BP9. I can’t remember if the numbers went up or down as you climbed the ladder of indifference. After the warden you wrote to the district office, then the national…At each step in the process my case manager had a habit of, uh, “losing” my paperwork. I learned very early on to make far more copies than you ever think you’ll need. The prison has every reason in the world to lose your paperwork.Once you finally get to the point where the very highest level of the BoP (Backwards on Purpose, or Bureau of Prisons, take your pick), then you can file in court. At this point in the process you’d be well advised to make use of a jail-house attorney.Let me just say that the best lawyer I ever had was a jail-house attorney. Gary gave same day turnaround service on legal motions, and his prices were about 1/600th of what I was paying for lawyers on the outside. I have a receipt that Gary wrote me here somewhere. It shows that I paid for a motion (about two hours of his time) with a box of cookies, some peanut butter, and the like. I think it was less than eight bucks.If I tried to pay an attorney on the outside with peanut butter, the Skippy people would have to run a pipeline to the lawyer’s house…
Is pressing charges the same thing as bringing a lawsuit?
If you have a criminal complaint, you go to the police and the police decide whether to file charges. Then the prosecutor decides whether the case should go forward. If you have a lawsuit, it is a civil matter. Let me give you an example.Your spouse is killed in a car accident because the other driver was drunk. The police will file charges against the other driver. The prosecutor will bring the case before a jury who will determine the guilt or innocence of the driver. If the driver is found guilty, a judge will sentence him. You are not the client in this case. The state is the client. You have no say in a plea bargain or the sentence, though the prosecutor and judge may choose to listen to you. You are not a party to the case.In such a case, you as the spouse, can sue for wrongful death. You might also sue on behalf of the estate of your wife. This is the civil component of the case, i.e. the lawsuit.You will hire a lawyer. That lawyer will work for you, and you will pay the lawyer. (Most likely a contingency fee, which means you only pay if you win.) That lawyer can only settle the case if you agree to settle it. You are the client (and possibly your wife's estate is the client.) If the case goes to trial, a jury does not decide guilt or innocence, rather, it decides responsibility and sets a dollar amount to the harm you suffered. You are a party to this case and you, essentially, call the shots with the advice of your lawyer.
Can you charge someone for kicking you in the nuts?
Let's say you're walking down an ally, no one else is there but you and someone you know (not friends with, just know) The person kicks you in the nuts and walks off. If you know the details of that person, can you sue them? You can't use self defense because there is no proof he kicked you there since attacks to the groin never really show bruises.
Can you go to jail for writing a bad review on yelp?
No. You can't go to jail. If what you posted was factually incorrect, then you could be sued. But if everything you said was factually correct or your opinion, then she would not be able to successfully sue you. Defamation is not as simple as suing anyone who says something negative. The allegations have to be factually incorrect, i.e. "The owner doesn't pay taxes", when she does in fact pay taxes. A statement of opinion, i.e. "The owner is not very nice", is an opinion, and you have the legal right to post that anywhere you want, and she cannot sue you over your opinion. But either way, you can't go to jail over a lawsuit.
Can I press charges if a guy grabs/slaps my butt?
Okay, my butt has been touched far too many times, mostly at bars of course. Once it was RIGHT in front of a bouncer and he said he wouldn't kick him out bc he knew the owner. When I got upset and starting cursing, he told me to talk to the manager who kicked the guy out and got us a ton of free drinks. Like I know it happens on a regular basis and most girls just accept it but it's sexual harassment IMO. I am a professional woman, with a job, finishing up school, have a boyfriend etc. Like I'm just sick of this happening and men thinking it okay to do and that we should accept it. I would just LOVE to press charges on the next idiot who grabs me... but is this something I could legitimately do? Opinions okay... but prefer actual facts. Thanks!
Could a girl sue me for putting nair in her shampoo?
Gee, you think? Let's see, you did something, and that caused actual harm to a person. That is assault and battery.
What happens if you lose a lawsuit and can't afford to pay?
A judgment is only a piece of paper forming a debt. There is no method of enforcement.The creditor can file for garnishment (against your paycheck). But, if you work under the table, there is no way for them to obtain a garnishment. (However, if you ever want to work above board again and you don’t pay this debt, they WILL get the garnishment at the new job. Or, worse yet, the new employer will be served with the garnishment papers and fire you if they don’t want to deal with that hassle.).Likewise, the creditor can file for liens. That means you cannot sell your car until this debt is paid. If you try, the person who buys it will not be able to register the car in their name; giving them cause to file suit against you for fraud (a hefty fine; and jailable offense).So, like I said, it’s just a piece of paper. I’d advise getting it paid off or you’ll be running from it for a lifetime. Or, filing bankruptcy if your financial situation is that dire. Either way, you should address it as soon as you can.
If an inmate is murdered by another inmate, can the prison be sued?
Anyone can be sued for virtually anything, but being successful is another thing. There is a civil tort action that we as probation and parole officers receive significant training and that pertains to negligent supervision, which would make a PO extremely vulnerable. There have been several successful suits against states, counties, and POs concerning negligent supervision. I'm not sure how it would apply to prison staff, but I'm sure they receive similar training regarding any legal vulnerabilities.