Legal Question in Personal Injury in California

I have a civil law suit for simple assault and a criminal judgment for simple assault. I've been sued for 120k but I'm judgment proof, unemployed and have no prospect of work. He claims he had bruises but is mostly claiming emotional damages. I realize I cannot discharge this debt in bankruptcy. Doesn't 120k seem quite steep for a simple assault charge with no injuries?


Asked on 7/16/17, 8:18 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

The value of the injuries might be trumped up. Obviously, the fact that you assaulted the other person already has been decided. The major issue in the lawsuit against you is the extent of the injuries. Make sure that you timely file the answer to the complaint to be able to at least reduce the amount the other person is seeking. You are entitled to obtain all of his medical records from him and his treating health care providers. If he's claiming emotional distress, you can ask the court to order disclosure of psychological records as well, unless his lawyer will stipulate to your obtaining them or provide them.

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Answered on 7/22/17, 1:24 pm


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