Ex-friend pushed me resulting in broken leg and disability...
by LM (New York)
Almost two years ago an ex-friend and I were out at a nightclub. She has two prior DUIs and I yelled at her to stop drinking because I didn't want her to get a third DUI. She walked away and I followed her to the car where she yelled at me, called me derogatory names, and spit on me. I responded by slapping her in the face.
She pushed me and we both fell down into a ditch on the side of the parking lot. She landed on top of me. I broke my leg, knee, and tore my ACL. I have had numerous surgeries to correct my injuries. She has not once attempted to help me or taken any responsibility for her actions that night which led to my injuries. I have since had two injuries on my other leg due to inabilities to walk properly and for falls.
I cannot work and have suffered greatly from this incident. I pressed charges against her and she was found not guilty because there were no witnesses. I cannot pay my medical bills or work. She is directly responsible for this. Do I have grounds for a civil lawsuit and how should I proceed? In three months it will be 2 years since the incident. Thanks.
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ANSWER for "Ex-friend pushed me resulting in broken leg and disability...":
LM (New York):
You certainly have grounds for a personal injury lawsuit against your ex-friend and the statute of limitations has not yet expired. Even though she was found not guilty, you still have the right to sue her in civil court. One action is not legally dependent on the other.
Unfortunately, your difficulty will lie in your lack of supporting testimony. According to the facts you present it appears there weren't any witnesses. Another challenge you will need to consider is your ex-friend's financial worth. Although you may harbor ill-feelings toward her, if she doesn't have enough financial resources to pay for any judgement you may take against her, you will have squandered a good amount of your time and effort.
Unfortunately you will probably have a tough time locating an attorney who will accept your case. Without more supporting evidence and the probability of your ex-friend having sufficient financial resources to meet any judgment, most attorneys won't take the case. But that doesn't meet you shouldn't meet with several attorneys to get a case review.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.