How can i sue for emotionally and physical distress/damages?

This is a discussion on How can i sue for emotionally and physical distress/damages? within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; is been 2 years since my husband now ex. attacked me while been 4 1/2 months pregnant ending up in emergency room with broken fingers ,lips and head. i had ...

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  1. #1
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    Unhappy How can i sue for emotionally and physical distress/damages?

    is been 2 years since my husband now ex. attacked me while been 4 1/2 months pregnant ending up in emergency room with broken fingers ,lips and head. i had surgery in my fingers. since then i have not heard anything about my case and is very frustrating and sad because he is still around and driving around my work place as a threat, I've been begging to the DA to please speed the trial they just tell me that the judge appointed has a full schedule and they don't see me near it. but they called my ex husband 15 times to plea and he walks out again and again because he says no guilty . am angry and sad because i feel like he is the victim to let him get away with it again and again, not knowing that he can kill me anytime , i live in fear , and distress
    how can i sue for emotionally distress, because am always nervous i no longer go to places by myself not even to kroguer or wallmart with the fear that he might be there i have to hide my child, not longer go out, even when i go home i have chair behind my front doors bells around my windows i drive around several times to make sure am not been follow past December a car followed to my home an hour later the same car drove around my building to see where i park but moments before i called my mom to take my car to her home someone was driving his car i called the police i even told them they said they cannot find him. he changed his address but he still shows up at court.
    since the attack in my left hand he knew am left handed am a nail tech and after several hours of work am in terrible pain i feel my finger are not strong enough hurts when i use files or do nails is hard for me to go home because my hand hurts.
    how can i sue??? for what he did to me??? to whom i contact to see my case to let my voice heard to speed the process please i need a lot of help because the state took over i don't know how to present the motion to sue him for what he did to me, i took and order for abandonment because he is not paying child support and after 5 months finally am going to court i hope they do something and not let him out i only know that they can issue a warrant but that's the only thing i know.


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    I am not sure anyone can help as far as the criminal trial goes. Each jurisdiction has their own schedule they follow and trials are constantly getting postponed. You can sue your ex civilly but that is most likely something you will not be able to do yourself. I would recommend consult with a local attorney to see if he is willing to take the case. I think a big issue you may have is collecting a civil settlement. Even if you win a certain amount/award, what are the chances that your ex is going to pay? If he is not paying child support, it may be because he has no money. This may lead to you spending a lot of money in a civil lawsuit (unless the lawyer agrees to take it on a contingency fee) and possibly not being able to collection anything from your husband because he might not have enough money to pay the settlement. If you fear for your life, you can obtain a restraining order against your husband and next time he is near you, you can call the police.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    In your case, I must put down my legal hat and put on my investigator hat. Do you have brothers, brothers in law or cousins?

    If so, heve them get this bully in an alley. They should pull his arm backwards then beat his ass on the shoulder wing. Will not leave a bruise of evidence but will teach this dude a lesson to stay away. He can't prove a thing!

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    I know you must be joking because no one advocates or recommends breaking the law.

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    as much as i wanted to do "that" is illegal but when the law is not really helping, everyone tell me i have to be patience but how , i have a permanent restraint order he does not have any legal rights to my son if i ever see him i call the police but guess what? they cannot find him, he hides, am afraid every-night just past October a man killed his ex, went to their home and and shoot her he did not care about restraint order, she begged the police to help for weeks about him following her , cops couldn't do enough to safe her, i don't want that to happened to me or live in fear i know lawyers are expensive everything he owes changed into his mother name i was able to prove he was hiding accounts and money over 10,000 which the court used to pay partial attorneys fees and medical and the rest the state paid for it.
    how this scum bags can get away with it. over and over in court and still walks out. more he postpone more delayed is the trial and i don't know what to do

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    Where a human being's life is diminshed by a bully. I most certainly advocate self help! I am an older person sixty four years. A while ago, I am doing surveillance in the Bronx as an investigator. This young punk is obviously high. Puts a knife to my head through the drivers window (I had the window down - hot day) and demands my money. What is an old person to do?

    I hit the electric window button closed. Grab his wrist and proceed to drag his sorry ass down the block (slowely). He yells at me to stop. I let him go.

    A few weeks later, I get a summons/complaint. Would you believe this bastard sues me for negligence. Well, he lost.

    The moral of the story is that sometimes self help may not be legal but if it saves your life or limb - go for it.

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    She chose to live with and mate with this bully. Now she is crying for help because she was beat up. Though I don't advocate his actions, she has in fact reaped what she sowed. Now she must wait for the law to take its natural course, if she wants any sense of redemption. I feel sorry for her. I don't excuse her.


 

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