Legal Question in Personal Injury in Michigan

Do I have a case

Do I have a case against my boss who hit me with a pipe wrench on work property while we were having an argument about work. The police pressed charges but he was found not guilty. He claimed self defence and the assistant prosecuter seemed outclassed by his lawyer. Does this change the responsibility that he has for damaging my arm. It was broken and had to be surgically fixed with a plate and 7 screws. I was unable to work for approximately 7 months he denied work comp and doesn't pay unemployment. And now the final straw he wasn't even punished by the system. Does this make this an impossible case or no case at all.


Asked on 5/26/07, 5:17 pm

3 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Do I have a case

Wow, I thought my former employer was a jerk, but you've got me beat. I would definitely consult a lawyer to pursue a civil lawsuit against him. I would also try to determine if there were any eyewitnesses, although I'm presuming there weren't, or your employer would have been found guilty. His excuse of self-defense is severely diminished if he had no injuries and did not seek medical attention. Even if you were punching him, it's a lot for him to strike you that hard to break a bone. There are several things that will factor into the strength of your case, but I would definitely consult a lawyer in your area.

Feel free to contact me at 248.644.8771, x 37. Thanks.

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Answered on 6/01/07, 7:55 pm
William Stern William Stern, P.C.

Re: Do I have a case

Theoretically, you have a case that may be heard by the workers' comp magistrate or even a judge or jury in a regular civil court. The reason is that the burden of proof in a civil case is less than in a criminal case. Therefore, the fact that they could not get a conviction in the criminal case is not a bar to trying the case in a civil court. However, it may be difficult to win. Are there any witnesses and if so, what did they have to say? William S. Stern

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Answered on 5/27/07, 11:07 am
Ari Berris The Berris Law Firm, P.C.

Re: Do I have a case

Yes, you do have a case. The standard for a criminal case (beyond reasonable doubt) is different then a civil case. Therefore, failure to be successful at the criminal level does not prevent a civil action from being filed, though, it may make success more difficult.

However, based upon the basic facts you have presents you should contact an attorney. If you have any questions or we can be of any further assistance please feel free to contact us at your discretion.

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Answered on 5/28/07, 4:56 pm


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