Legal Question in Civil Litigation in Texas

I let my friends wife wash at my house and she told me to take her home immediately I told her to hold on and she called the police. She lied to the police and said that I pushed her with her daughter in her hand; which was my God child at the time. She also lied and told the police that she was my neice-not true! The police gave her access to my car - she doesn't have a DL it was sitting at home not bothering anyone. I ended up going to jail and bonded out got a lawyer and the case was dismissed. Can I sue her for slander, Loss wages, legal fees ect. She never came to court or anything. The police officer also slammed me on the car, drove 100 miles and slid me across the jail. Do I have a good case?


Asked on 1/16/10, 10:42 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

There are three elements to a good lawsuit, Liability, Damages, and Ability to pay.

Whether she lied to the police depends on whether what she told them was true.

What she told them can be easily proved from the police report. If what she told the police is true - there is no liability. At least no liability that can easily proved.

Lost wages and legal fees resulting from defending your case are probably some expenses for which you could seek damages. Generally, attorney's fees that are incurred in pursuing what you have described cannot be recovered. So you have to weigh the cost of hiring an attorney versus the damages you might recover. If you ask a lawyer to take the case on contingency, he or she will have to make the same calculation. Usually an attorney will want you to pay costs.

Finally even if you win, does the defendant have the resources to pay the judgment. If the defendant owns very little or only owns exempt property, you may not be able to collect your winnings.

Get the police report and find a lawyer. Act quickly. The statute of limitation in a slander case in only 1 year.

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Answered on 1/24/10, 9:59 am


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