Visitor Question

Assaulted in a Medical Clinic…

Submitted By: Steven (Santa Rosa, CA, USA)

I was assaulted in a medical clinic by a staff counselor. He threw a sharp object at my back as I was exiting his office. I have a contusion to my leg, a doctor’s photo and report.

The defendants have not filed an answer to my claim and are over the time limit. Their attorney did ask for more time and acknowledged he represents all defendants in the case. How do I proceed? I do not have counsel in this case. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Steven,

Steven:

From what you have provided it is presumed you filed one lawsuit naming the staff counselor and medical clinic as defendants. It also appears the Attorney for the defendants filed a motion with the court requesting an extension of time to file an answer and the court granted that motion. That is normal, especially if the defendants waited until the last minute to hire counsel.

You can be assured that within a short time you will be inundated with documents sent by the defendants’ counsel. The documents will include, but will not be limited to, Requests for Production, Interrogatories, and Special Exceptions. Completing the Discovery documents will be tedious and time consuming and you will be bound by whatever answers you give.

Then you will be called to give a deposition at the defendants’ attorney’s office. During the deposition you can expect to be grilled, sometimes for hours at a time. Again what you say in the deposition may be held against you during the trial.

You should be creating and serving upon the defendants the same types of pre-trial discovery. Taking each defendant’s sworn deposition will be a nightmare, especially as you aren’t familiar with the procedures of a deposition. The costs of a deposition, including the hiring of a certified court reporter will be

quite high.

You have two viable options. You can completely non-suit (dismiss) the lawsuits against the defendants, or hire a qualified attorney to represent you.

Hiring an attorney will also be expensive. It seems you have painted yourself into a corner. The decisions you are faced with are difficult ones.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 21, 2011

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