Legal Question in Civil Litigation in Texas
Cancer Scam
A friend of a friend stayed with us during her cancer treatment at M. D. Anderson Hospital in Houston for over a month with less than a year to live. We have a business (Special Event Facility) in our home. We did not know her and took her in. Come to find out she was faking that she had cancer and will not die. My question is, since we opened our doors (we live in Texas) and let her stay here during this time period and preying on our emotions with losing loved ones, how can I go about suing her to damages. The Police Dept. will be filing criminal charges soon in Louisiana.
2 Answers from Attorneys
Re: Cancer Scam
You may have a claim for the intentional infliction of emotional distress, together with the value of the services you provided her under false pretences.
An important question, however, is what do you expect to recover from her? She is going to spend a lot of money on a criminal defense lawyer to defend against the criminal charges you have filed. Where would she get the money to pay your claim should you win?
Re: Cancer Scam
This is another one of those situations where the "practical" differs from the "technical" answer. Yes she could be sued for damages but the risk of ending up with a worthless judgment seems high. That risk has to be balanced with the added costs for a lawsuit in order to obtain the judgment.
As an alternative, perhaps you can stay in close contact with the criminal prosecutor & have some restitution to you made a part of any resolution of the criminal case. That will vary with different prosecutors but it won't hurt to ask.
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