Civil lawsuit for assault damages?

by Anonymous
(Washington)

On July 12th 2012, I was brutally assaulted by a man I had been dating. He beat me with a gun repeatedly for over 3 hours and had my life threatened, while I was held against my will. I was taken to a hospital and he was arrested. He ended up pleading guilty and was sentenced to 3-8 years, but was released on a rider after 7 months.

I ended up with severe PTSD which has resulted in a significant decrease in my quality of life. I also have a significant scar above my eyebrow from where he hit me over the head with his gun, and a torn rotator cuff.

I want to know what I would need to do to sue him and win? How much in damages might I expect? What evidence I would need to provide? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "Civil lawsuit for assault damages?":

Anonymous (Washington):

From the facts you present, there is no doubt your ex-boyfriend's actions were the direct and proximate cause of your very serious injuries.

Before deciding to file a lawsuit against your your ex-boyfriend it is important to know if he has assets which are attachable after a court verdict. In other words, does your ex-boyfriend have stocks and bonds, cash, savings, and real estate not exempted by the State of Washington's Homestead laws.

The State of Washington protects certain real estate from being attached or seized by court judgements. In Washington, real estate designated as a home or residence is protected up to $125,000. This means in the event you are successful in a lawsuit against your ex-boyfriend, he will be able to keep up to $125,000 of the equity in his home.

Read Washington's statute on Homestead Exemption in Section 6.13.030

If your ex-boyfriend has sufficient assets to cover a court verdict, gather copies of your medical records and bills, receipts for out of pocket expenses (like medications, bandages, costs of travel to treatment, etc.), and proof of your lost wages, if applicable.

Seek out several personal injury attorneys in your area. Most will not charge for an initial office consultation. If you are not sure, but have a reasonable belief your ex-boyfriend has sufficient assets to cover your medical bills and other losses, an attorney will be able to discover the location, type and amount of those assets.

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

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION