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Family member hurt from attack

Discussion in 'Accidents, Injuries, Negligence' started by Steve1212, Sep 16, 2020.

  1. Steve1212

    Steve1212 Law Topic Starter New Member

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    Jurisdiction:
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    A family member was at a social gathering with many people he didnt know and was attacked and robbed(They stole cell phone). He knows the person who initiated The attack by name and can identify, and this is now in the hands of a detective. He was beaten by an estimated 6 people after the first two who started beating him continued until he was unconscious, then dragged into an ally, broken bone in face, lacerations, broken hand, and to the point he was unrecognizable... my family member after much urgering finally filed a police report, but has fear i. Doing so as the individuals are known people with records who are rumored to be willing to go after people who press charges... i its going to come down to he said she said and whether fear gets the best of my family member in pursing and going through it all... i am
    Skeptical of the extent of the charges they will pursue. I have want to ensure the people who did this face large legal ramification, and i dont even care if that means i pay $10k to make them need to pay an equal amount fighting me in court as i can at least afford it and they can not, and i can care less of rumors of what they might do. What are my best actions to pursue to ensure the people involve never do this to anyone else? I want them to pay civily, cover his medical bills etc.
     
    Last edited: Sep 16, 2020
  2. mightymoose

    mightymoose Moderator

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    Regarding civil damages, it may be best to wait until after any criminal action is complete. Speak with personal injury attorneys and you will get advice about timing if any civil action. Any civil action is totally dependent upon the cooperation of your family member.

    The extent of any action criminally is not something you can control other than to urge your family member to come forward with the truth and cooperate with the detective. Investigations like this take time and do not always produce the evidence needed to support prosecution. You will just have to wait and see what develops.
     
  3. zddoodah

    zddoodah Well-Known Member

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    This situation has nothing to do with you. All you can do is offer to support your family member emotionally and financially.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    None.

    For one thing, you're not the injured party here. Your family member is and it's up to him to do what has to be done. You are free to put up money and give advice but that's about it.

    Another thing. You sue people to punish them buy taking away their money. That doesn't stop them from hurting people in the future. Nor does prison. Most low lifes just become better criminals while in prison.
     
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  5. Steve1212

    Steve1212 Law Topic Starter New Member

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    I thought what I was asking was implied, but I see it was not. I am not looking to personally be involved as far as in a law suit. Your view is correct that I will not change this persons life as far as suing and making them an outstanding indivdual... But I want to make it as difficult as possible to get away with it as I want it to effect their finances as long as possible. I am looking to be involved only to fund adequate resources and ensure the injured party has the means to seek rather than not pursue due to they lack those resources. I imagine this assistance involves him pursuing medical costs covered, and civil as he has many months of recovering such as lost wages, cannot work adequately due to injury, etc. I am not anticipating being involved personally in the case as a party. I did a poor job writing, but it truly hurts me how someone can intentionally hurt someone so badly. It is a gene I do not have or understand how that can be done to anyone especially when multiple witnesses says the person was unconscious and it still continued, so it is very frustrating.
     
  6. Steve1212

    Steve1212 Law Topic Starter New Member

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    I thought what I was asking was implied, but I see it was not. I am not looking to personally be involved as far as in a law suit. I imagine my assistance involves helping fund pursuing medical costs covered, and civil as he has many months of recovering such as lost wages, cannot work adequately due to injury, etc. I am not anticipating being involved personally in the case as a party. I did a poor job writing.
     
  7. Zigner

    Zigner Well-Known Member

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    That is such a disingenuous thing to write. Your first post was all about YOU taking them to court.

     
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  8. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Find your family member a good attorney and tell your family member you will pay $X for legal fees.

    You do need to understand though that people who commit acts such as your family member was victim to generally don't have any money and there is a VERY good chance that even if the family member wins such a case he will never see a dime.
     
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  9. zddoodah

    zddoodah Well-Known Member

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    Well...your question (express, not implied) was, "What are my best actions to pursue to ensure the people involve never do this to anyone else?" and you wrote about "pay[ing] $10k to make them need to pay an equal amount fighting me in court." You therefore seem to have completely changed your position with your new statement that you are "not looking to personally be involved as far as in a lawsuit." If there was some additional or different question that you intended to imply, I'm not sure what it might have been.

    In any event, at the end of the day, even if these folks are prosecuted criminally and locked up and/or get sued and have a judgment entered against them, the only thing you can do to "ensure [they] never do this to anyone else" is to take the law into your own hands, which obviously would be illegal and is not recommended.
     
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  10. mightymoose

    mightymoose Moderator

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    No you didn't. Your intent was obvious. However when it comes to legal issues words matter, and some are more nitpicky than others.
     
  11. Zigner

    Zigner Well-Known Member

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    Huh? The OP EXPLICITLY stated his desires. It's not like he was vague. The OP started by stating one thing and then changed to another. I agree that the writing skills weren't the issue, but I disagree about the obviousness of the intent. I think it's clear that the OP's intent simply changed during the course of the thread.
     
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  12. army judge

    army judge Super Moderator

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    A lawsuit CAN often have no (little) effect on an individual or corporate entity.

    Why?

    Because SOME income is protected, legally shielded if you will, from a judgment.

    If the defendant fails to prevail in a lawsuit, he/she/it COULD simply declare bankruptcy.

    Yes, a bankruptcy CAN make the effects of a judgment ineffective.

    Just as the death penalty fails to dissuade murderers from engaging in their evil craft, license suspensions fail to cause those who choose to drive drunk to drive sober, harsh prison sentences do little to prevent addicts from using illicit drugs, and gun laws do nothing to impede many convicted felons from possessing and using firearms.

    As my drill SGT told us in basic training many times, "I can't make you wannabe "sh**heads" do a damn thing, except TRY to make you maggots regret "f**king" up again!"

    Our laws are often ineffective in meting out punishment or justice.
     
  13. Steve1212

    Steve1212 Law Topic Starter New Member

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    Zigner, first off thanks for trying to assist, but no offense, but you are grossly unqualified to know my “intent”. I fully mean “i will take them to court” the same way any father would mean that about their 18+ year old kid that didnt have assets and the father helps direct the legal action and resources and is handling the case. My post was written at 2:00am and driven by immense frustration about the scenerio, but regardless, you are free to interpret, say i changed my stance or whatever. I am from an Italian family who when someone needs something, we work as a team to help... thanks for pointing out how, i used the term “I” and that somehow made you want to call me out. If you re-read the original message think if it logically made more sense that I was going to
    Fund and handle legal, or if i was going to start my own lawsuit with no involvement besides relation to the victim... Maybe you are right and i thought i could create a case, sue people, and Go rogue when i had no direct involvement in it or maybe i meant i would direct and handle legal on behalf of my family and you missed the intent and nitpicked something most may have been able to pick up... One interpretation probably makes more sense, but who knows.
     
  14. Zigner

    Zigner Well-Known Member

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    Most of us know...
     
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  15. zddoodah

    zddoodah Well-Known Member

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    I'm curious what you think the "obvious" intent was given the OP's clear, express statement that he/she wants "to ensure the people who did this face large legal ramification, and i dont even care if that means i pay $10k to make them need to pay an equal amount fighting me in court." What possible intent might you infer from that statement other than that the OP wanted "to personally be involved as far as in a law suit" (something the OP has since disclaimed)?

    I agree that, "when it comes to legal issues[,] words matter," and I freely admit that I'm nit picky about words where they are material and ambiguous, but this isn't such a situation.
     
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  16. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Come on. Admit that you do it when you know what they mean as well.
     
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  17. zddoodah

    zddoodah Well-Known Member

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    Sometimes, I nit pick and then write something to the effect that, "what I assume you meant was blah, blah, blah."
     
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  18. Steve1212

    Steve1212 Law Topic Starter New Member

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    i give up, this is why you do not post to a group of
    Lawyers;) The whole reason for the post is now lost in the terms i chose. If this was a legal statement i probably would have been more clear, but for the sake of moving along I take blame, i changed my mind, i was going to start my own law suit and you have all enlightened me, or whatever else... but i prefer the topic be about the options “We as in my family member pursuing, and me funding have a best approach”. I am so happy i have learned after the assistance here that i cannot sue for bodily harm i have not experienced and i must be the victem!!;)
     
  19. army judge

    army judge Super Moderator

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    Your posts are those of an intelligent one, not an ignoramus.

    I think you already knew what you alleged you learned.
     

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