Damaged property/bodily Injury

P

Plzadvise

New Member
Jurisdiction
Texas
I was seeing someone and we got into an argument. He gave me his phone and I saw where he was messaging another girl and I texted her. He became irate and shoved me and went to strike me but hit my raised forearm instead.I was in a panic and ran from my apartment. I managed to get outside and into my truck. He came after me and ended up breaking my door handle trying to get in my truck. A neighbor called the cops and I gave his phone to them. He told them I stole his phone, but i did not. I told him he should file a claim of he sees fit. Since the incident I have been having anxiety and panic attacks and have lost 20lbs. Our paths cross often. My doctor put me on anxiety and sleep medications. Do I have a chance at winning a case for car repair and emotional distress?
 
Plzadvise said:
Since the incident I have been having anxiety and panic attacks and have lost 20lbs. Our paths cross often. My doctor put me on anxiety and sleep medications. Do I have a chance at winning a case for car repair and emotional distress?
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You have a better chance with the car repair than for the emotional distress.

However, whether you can win or not on the emotional distress is likely going to require that your doctor go to court and testify as you your condition and treatment.
 
Small claims courts don't ever award damages for emotional distress.
Small claims courts issue judgments for ACTUAL losses suffered on personal property or damages to real estate.
 
adjusterjack said:
You have a better chance with the car repair than for the emotional distress.

However, whether you can win or not on the emotional distress is likely going to require that your doctor go to court and testify as you your condition and treatment.
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Thank you for your response. I am able to get a letter from my doctor, but think it very unlikely that she will be able to actually come to court. Will a letter not suffice?
 
army judge said:
Small claims courts don't ever award damages for emotional distress.
Small claims courts issue judgments for ACTUAL losses suffered on personal property or damages to real estate.
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Thank you for responding. Is this the case for all states? Where would I be able to pursue that portion of the claim?
 
Plzadvise said:
Thank you for your response. I am able to get a letter from my doctor, but think it very unlikely that she will be able to actually come to court. Will a letter not suffice?
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Probably not. Rules of evidence in small claims court are relaxed somewhat but every party to a lawsuit has a right to question those who are giving testimony against him. You risk not being able to use the letter if the doctor is not present to back it up.

Plzadvise said:
Thank you for responding. Is this the case for all states? Where would I be able to pursue that portion of the claim?
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Small claims courts everywhere involve monetary damages for the actual costs sustained by a party who has been wronged or injured by another.

If you want to sue for emotional distress (aka pain and suffering) you would have to bring the entire claim to a higher court where rules of procedure are much more rigorous.

Plzadvise said:
Thank you for responding. You would agree with the others that commented that emotional distress will not be heard by the judge?
Perhaps I should not include that in my claim...
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Not so much that it wouldn't be "heard", more like it wouldn't be awarded. However, even in small claims court it's better to go "all in" and seek damages for everything and let the judge decide what to award or not.

In other words, file your claim for your bills and emotional distress, up to your small claims limit, say your piece in court, present your documents to the judge, and see how it goes. You might win all, some, or none but it's worth a shot.
 
Your chances in small claims court of getting anything for emotional distress are not favorable. Keep in mind if you lose there, you can not shop around for a different venue to try the same issue. If emotional distress is that severe, try it in a venue with a better likelihood of success. The bar is set pretty high for this and one incident during a fight after you snooped on his phone and refused to give it back is going to be a long shot at best. You mention still seeing him but it is unclear why that is, or in what state this happened.
 
ElleMD said:
Your chances in small claims court of getting anything for emotional distress are not favorable. Keep in mind if you lose there, you can not shop around for a different venue to try the same issue. If emotional distress is that severe, try it in a venue with a better likelihood of success. The bar is set pretty high for this and one incident during a fight after you snooped on his phone and refused to give it back is going to be a long shot at best. You mention still seeing him but it is unclear why that is, or in what state this happened.
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I see..
What about his accusations of phone theft? I of course did not steal his phone and he has it to this day. Should I be concerned about this affecting my case?
 
adjusterjack said:
Probably not. Rules of evidence in small claims court are relaxed somewhat but every party to a lawsuit has a right to question those who are giving testimony against him. You risk not being able to use the letter if the doctor is not present to back it up.



Small claims courts everywhere involve monetary damages for the actual costs sustained by a party who has been wronged or injured by another.

If you want to sue for emotional distress (aka pain and suffering) you would have to bring the entire claim to a higher court where rules of procedure are much more rigorous.



Not so much that it wouldn't be "heard", more like it wouldn't be awarded. However, even in small claims court it's better to go "all in" and seek damages for everything and let the judge decide what to award or not.

In other words, file your claim for your bills and emotional distress, up to your small claims limit, say your piece in court, present your documents to the judge, and see how it goes. You might win all, some, or none but it's worth a shot.
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I understand. What is your stance on his accusations of phone theft. I clearly did not steal the phone. Plus I am in the medical field and wouldn't risk loosing my hard earned degrees on something so silly.
 
ElleMD said:
Your chances in small claims court of getting anything for emotional distress are not favorable. Keep in mind if you lose there, you can not shop around for a different venue to try the same issue. If emotional distress is that severe, try it in a venue with a better likelihood of success. The bar is set pretty high for this and one incident during a fight after you snooped on his phone and refused to give it back is going to be a long shot at best. You mention still seeing him but it is unclear why that is, or in what state this happened.
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Should I withdraw that portion of my claim?

We live in a small town and our children are in the same class at school and in all the same sports and sport teams. We have known each other for over 10 years.

He is also complaining that I waited 2 weeks to tell him.
I tried telling him the next day or 2, but we ended up arguing right away both times, and it definitely was a tense situation. Is the fact that i didn't get to actually notify him in writing until things calmed down ( almost weeks later ) going to be a problem?
I do have a picture of him actually on my truck. He was trying to climb on it and pulling on everything.
 
Disabled Vet said:
Maybe for the car repair... That's it...
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The main point is that I really need my car to be repaired because it's a safety hazard for my children.

I deeply hope that these issues with anxiety pass quickly. If it will hinder my car being repaired, then perhaps I need to think about it a bit more.


BTW Thank you for serving!
 
Probably a decent chance of getting the repair costs. No one can predict what will happen in court. Only you can decide if it is worth pursuing. Have you gotten a quote for the repairs and asked him to help with them?

I wouldn't worry much about being charged for taking the phone. The only place I see it working against you is in getting him to pay for repairs if he argues he was just trying to retrieve his property. I have no idea why you wouldn't have just handed it back. The police weren't going to care what was on the phone.
 
I ran from my apartment and left him in there after he got physical with me. I wasn't thinking to stop to do anything because he was very angry that I sent that message. I was thinking "I need to get away".
It will be good if I can get my truck door fixed. I have gotten the estimate and presented it. At first he was going to try and get his home owners insurance to pay for it (don't think that would be on the up and up...) . Then all of a sudden he starts with saying he didn't do it.
I have 2 messages where he mentioned using his insurance to pay for it, and a person that he also told he was going to have to replace my broken door handle.

You have been very helpful and I appreciate all of your feedback.
 
The text messages aren't worth squat really. You tell your side, he tells his, and the judge determines if he is enough at fault to warrant paying for the repairs. If you took his property and refused to give it back and he claims he was just trying retrieve his property, it is possible the judge will not hold him responsible. Using his phone to send a text was inappropriate and juvenile. By all means, break up with the guy but sending a text to the other woman, which I am going to assume was not just a, "Hello, have a nice day", and taking the phone were uncalled for. It is anyone's guess what a judge will do in a case where both parties behaved badly. I do suggest being honest at least. No judge is going to buy that you simply forgot you sent the text and kept his phone from him and only realized it was still in your hand when the police showed up. Claiming so just increases the odds he will prevail.
 
It was a " who are you and what is going on here between the two of you " text. I wanted to know, so i asked. Cheating was inappropriate. It definitely was not a proud moment, but it happened, I texted her and never said i forgot i sent a text. Nor did I say I remembered I had it when the police showed up. I was not about to stick around for round two of his physical aggression. Nothing gives him the right to put his hands on me.
After being struck , my concern was to get away from him. Nothing else mattered.
I had his phone because he gave it to me. Things went from 0 to 100 when I sent that message. After having to run away from him, I certainly wasn't thinking rationally: Let me put this in your hand before I leave.
I found out it wasnt the first time he has gotten physical with a female.
I returned the phone and he has it. He was trying to get in my truck because he was coming after me and angry at what I had done.
Bottom line is he broke the door handle.
I did try to make arrangements for him to pay but he changed his mind and started saying he didn't break it.
 

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