Why Won't An Attorney Take My Battery Case

L

LosFelizGirl

Guest
Jurisdiction
California
I was the victim of a battery in the Fall of 2015. I filed criminal charges. The State of CA took my case and the defendant was CHARGED with P242, battery.
My case was a slam dunk. I had 2 eyewitnesses.

I suffered a severe ankle injury that has caused debilitating pain going on about 6 months now. I would like to file a civil case against the man that assaulted me in order to get some money for pain and suffering and future medical bills as I am still currently going to physical therapy. I am 45 and I hobble around like I am 95, making the simplest things very difficult, like grocery shopping, walking to and from car....anything. I used to be an avid hiker. Living with pain is very depressing.

My understanding is that the burden of proof is less in a civil case. I was grabbed, yanked to the ground and dragged on the ground, in the middle of an intersection. I had 2 eyewitnesses that testified in the criminal case. I saw a doctor immediately after the incident and have continued to see 2 other doctors plus a therapist since the incident. I have photos of my ankle the size of a melon.

If the burden of proof is less in civil court and I already won in criminal court, why won't an attorney take my case?
 
why won't an attorney take my case?

I think what you are really asking is why won't an attorney take your case on a contingency.

That's easy to answer. It's because the chances of ever collecting a judgment against a criminal's intentional act are slim to none.

Intentional acts are excluded from liability insurance and without a potential insurance payout, no attorney is going to touch it on a contingency.

I doubt if you'd have any trouble hiring an attorney if you were able to pay him by the hour with an adequate retainer up front.

California has a crime victims compensation fund. Check it out if you haven't already done so:

California Victim Compensation and Government Claims Board

You might also consider suing the person in small claims court for the maximum of $10,000. You don't need a lawyer to do that.

Small Claims - small_claims_selfhelp
 
I was the victim of a battery in the Fall of 2015. I filed criminal charges. The State of CA took my case and the defendant was CHARGED with P242, battery.
My case was a slam dunk. I had 2 eyewitnesses.

I suffered a severe ankle injury that has caused debilitating pain going on about 6 months now. I would like to file a civil case against the man that assaulted me in order to get some money for pain and suffering and future medical bills as I am still currently going to physical therapy....

If the burden of proof is less in civil court and I already won in criminal court, why won't an attorney take my case?
I'm so sorry to hear about your attack and I am sure it has been a bewildering, difficult experience, not even to mention testifying in a criminal case against your attacker. If I would guess the reason why a personal injury attorney would not take your case on a contingency fee it would be the result of the defendant being judgment proof. You are correct that most civil cases are slam dunks when there is a criminal conviction for a related crime. The question then becomes "where are the deep pockets to pay for civil damages if a civil judgment is obtained for money damages due to pain and suffering and other damages?"

Perhaps you can share with us a little more about why the other attorneys declined to take your case. We'd love to help if we can. The problem with any civil case against an indigent defendant is that nobody can get blood from a stone - there is no money to be obtained from a criminal who has no assets. Let's hope that there might be some other options. Most important, I hope you get well soon and as best as can be expected.
 
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