I need legal advice :( bNasty got jumped

[bNasty]

please delete thread

 

[Grip]

Thats why my .40 sits on the dash of the eclipse, I wish a (katt williams) would.

 

[96 420a-t]

I don't see any reason why you wont win. You have a witness, You can possibly get pain and suffering compensation as well. Unless there is some missed info I don't see a problem. Just make sure you get a copy of your diagnosis for court purposes. Possibly seek councel with a lawyer.

A lawyer will be able to at least tell you where to get started. Also talking to an officer may sometimes lead to usefully info as well.

 

[sag1441]

why bother with a civil suit? just let the police handle them and press criminal charges

 

[Bud92gsx]

Dude that sucks..

Well first of all it sounds like the police and school have most of the legal things under control..

You could sue for the medical bills, but that will require getting a lawyer..A lawyer is going to ask for a retainer up front most likely, so that comes out of your pocket..But if you end up winning, you will have the med bills payed for..If you do take them to court the lawyer will pay them to make a statement and testify..Which actually comes out of the retainer that you have already given to the lawyer..

It could take a year maybe two, of going to court and what not, to acutally see anything out of it..So in the end it might be a big waste of time.

But since the police have things under control, you might just want to have them take care of it..The kids will probably get a hefty fine..If not probation..It sounds like an unprovoked attack..That works in your favor..

So I have to ask what's the beef..Stupid crap from high school or something more serious?

My friend got hit by a car in 2004 ish and the court case didn't get settled untill 2010..That's why I said it would take at least a year to sue..

 

[tenn-gsx]

Well first make sure that you press charges as applicable in your state. Since they both are 18 you have the ability to sue in civil court but you must consider how likely it is that you will get your money. If they dont have money they cant give it. So even if you win the case you will incour debt with a lawyer and not get your money. Sometimes its better to just let the criminal system do their thing and move on.

 

[dsmtun3r98gst]

Well you might want to be carefull since it was you that threw the first punch. But then again the other guy came in and swung the door open and and you felt threaten.

 

[snowborder714]

Not to be nit picking, but from the wording above, it sounds like you made the first swing. Is that true? If so, I don't know how this could affect any outcome.

Edit: ^Just beat me to it

 

[Bud92gsx]

The guy basically ripped him out of the car..That's grounds enough to start swinging right there..He was just trying to protect himself.

 

[-red97rum-]

Good luck man. Those sissy ass bitches jumped you while you were with your girl.. that sucks.

Glad you're taking the mature approach though using law enforcement. I've learned it's the best/safest way to deal with these types of situations. When I was your age I wouldn't have even called the cops. Probably would have went home, grabbed some weapons, waited outside their house for them to come home and it would have been all bad..

 

[snowborder714]

All of a sudden my drivers door flies open and the first person (jake Maines) who opened the door. Bends over looks at my girlfriend and me and says "we need to settle this" with his fist cocked. I immediately get up and just start punching him but only enough to get him away from my car. I maybe hit him 2 or 3 times.

Doesn't sound like it to me Bud. Again, not trying to say he isn't deserving of something to happen, but I'm reading it straight.

 

[bNasty]

Dude that sucks..

Well first of all it sounds like the police and school have most of the legal things under control..

You could sue for the medical bills, but that will require getting a lawyer..A lawyer is going to ask for a retainer up front most likely, so that comes out of your pocket..But if you end up winning, you will have the med bills payed for..If you do take them to court the lawyer will pay them to make a statement and testify..Which actually comes out of the retainer that you have already given to the lawyer..

It could take a year maybe two, of going to court and what not, to acutally see anything out of it..So in the end it might be a big waste of time.

But since the police have things under control, you might just want to have them take care of it..The kids will probably get a hefty fine..If not probation..It sounds like an unprovoked attack..That works in your favor..

So I have to ask what's the beef..Stupid crap from high school or something more serious?

My friend got hit by a car in 2004 ish and the court case didn't get settled untill 2010..That's why I said it would take at least a year to sue..

just stupid shit in high school. I got with too many girls in hs and then dated this girl then i decided to stop dating her and I had sex with her friend and its just really a big mess both dudes are kinda involved with the feminine problems the one dude dates this girl that i kinda just left. Like i just stopped talking to her.

Not to be nit picking, but from the wording above, it sounds like you made the first swing. Is that true? If so, I don't know how this could affect any outcome.

Edit: ^Just beat me to it

Well thats at first why I was nervous about going to the police. But after talking to the officer and to the security at school. To them it was obviously a provoked premeditated attack. And since he came to me inside MY vehicle he made me as well as my girlfriend feel threatened. He was trying to embarrass me in front of my girlfriend, in other words as per the police officer "he was asking for it"

 

[twicks69]

First thing I can tell you is to delete this thread, and contact a good lawyer. You do not want any public forum posts/facebook/etc. of the details as they only can cause issues for you.

Talk to a lawyer, and get it straightened out.

 

[Stonebag]

Why did they want to fight you? Were they mad jelly of your talon?

Edit: Saw girl problems...

 

[-red97rum-]

Bends over looks at my girlfriend and me and says "we need to settle this" with his fist cocked.

That's threatening enough to me to warrant protecting yourself. Especially since they were stalking you and giving you dirty looks the whole time you were there. I don't blame you at all for going at it, you obviously could tell he was getting ready to hit you.

 

[Bud92gsx]

So there all piseed of that you hit it first..HA HA HA HA HA..That's funny stuff..

But now that it was mentioned, you might want to delete this thread..Especially if they know your on tuners..They could be looking at this thread right now..And It would be considered testimony in court..But then again, as you said they ripped you out of the car unprovoked so..It might not change a thing..

 

[D's GS-T]

Only thing I fear is that he will argue that, yes, he opened the door on you, but then you attacked him. It's good that you have a witness that can atleast say that he was in "attack mode", but I'm sure he will argue otherwise. These things always turn into he said she said stuff. You guys will argue that he was going to attack you, and they will argue that he just opened the door and you went after him. These things are never as cut, dry, easy as they seem.

 

[laserspeeddemon]

First thing I can tell you is to delete this thread, and contact a good lawyer. You do not want any public forum posts/facebook/etc. of the details as they only can cause issues for you.

Talk to a lawyer, and get it straightened out.

Thiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiissssssssss!

Your post here is admissible in court.

Here in VA, if you are cornered and some tool makes an obvious threat like "we need to settle this." You have ever right to defend yourself before the other guy swings. He waited until bNasty got into the car where he would have no way to immediately defend himself before he made his approach to fight.

Also even though bNasty punched Jake Maines first, It was Josh Fano that caused bNasty to dislocate his shoulder when Josh tackled him.

bNasty you don't need a lawyer to sue him in small claims court. In fact, IIRC, you can't bring a lawyer in small claims court, but you can get one to advise you on a strategy for the case. Also, take your girlfriend and any other witnesses with you to court. Bring your medical records with you, including the bill. Sue them for medical bills and for punitive damages. Punitive Damages is awarded for conduct that is willingfully malicious. Joshs sole purpose of tackling you was to inflict pain and injury you. It will be an easy case to win. If you seek more than $5000 you will have to move the case into circuit court vs. district court.

If you seek less than $5000 fill this out and take it the Fairfax county Court (assuming this happened in Chantilly)
http://www.courts.state.va.us/forms/district/dc402.pdf

If you seek more, than you have to fill out this one and go to Circuit court.
http://www.courts.state.va.us/forms/district/dc412.pdf

Then take to the Fairfax County Clerk and they will help you from there.

 

[jimbob_843]

take em for everything those a holes got!!! Say they didnt see you in the car due to tinted windows and were attempting to steal it then when they opened the door you were there and bam! No don't do that but good luck and hope you catch them in a dark alley someday.