Legal Question in Personal Injury in California
late night near accident, vandalism, and near-assault - should I sue?
As I was driving home very early Saturday morning, I passed two young men on the road. One of them literally jumped out right in front of me and threw his arms up, forcing me to swerve and brake hard to avoid hitting him. When I came to a stop, the two men quickly got in front of my car and began challenging me to a fight, cursing and spitting at me. Both of them began kicking my car, and one of them moved to the driver's side, I believe to drag me out. I called the police from inside my car and the two men, seeing this, fled. Later the police caught them and I id'd them. My car was damaged and I believe that the insurance company will be suing them for the damages. I was not beaten, injured, or spat on, but I was threatened and endangered by their jumping out in front of me and blocking my escape. Should I sue?
4 Answers from Attorneys
Re: late night near accident, vandalism, and near-assault - should I sue?
As the victim of a crime you can contact the district attorney's office and request restitution. You should discuss this with your insurance company as you have probably assigned your right to collect for the property damages the insurance company. You could also request damages for your fear. I am not sure that such damages are collectable. However, this information will be considered by the court when sentencing these thugs.
Re: late night near accident, vandalism, and near-assault - should I sue?
Your only claim is for property damage. If you have no physical injuries, you have no other claim. If you have "emotional" injuries, but have had no documented treatment, you are stuck with the property damage only. Be thankful they didn't beat you up, carjack you, seriously hurt you, etc. Wrong place at the wrong time. (PS: If you are in Santa Cruz, I spoke with you last week). Thanks for your questions and good luck.
Re: late night near accident, vandalism, and near-assault - should I sue?
You can sue them in civil court for assault and intentional infliction of emotional distress, false imprisonment and other civil torts. A civil action against these two thugs would send them a message, but it would cost you a substantial amount of money to have a lawyer pursue it (you can't do it yourself), and you probably won't be able to collect a penny from the two guys.
Re: late night near accident, vandalism, and near-assault - should I sue?
You can certainly sue, but what do you think you are going to recover from the defendants? Is it enough to even pay the attorney fees you will spend?
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