Legal Question in Personal Injury in Texas

3 weeks ago my neighbor that lives four houses down was beating on his girlfriend in front of my house. I interven and threats where made and police were called and a report was made. Well that was all that happened from that until last night. When standing outside smoking a cigarette. He was walking by my house and started yelling profanity at me and said he was going to kill me and run me over in his car. I was standing in front of my house on the curb. He got in his car drove up to my house and honked at me. Passed by me then about two houses up turned around and speed off at me and swerved hitting me with his car. Skid marks on the curb from him dilibertly swerving to hit me. Police were called. And he is now wanted for felony assualt with a deadly weapon i believe. I have three witness that all filled out a police report with pictures takin of me and the scene. I do have injuries. Cuts, brusing on my right arm and right side of my abdomen. and pain in my right shoulder and knee and foot. My question is can I sue him? If so what steps do I need to take to do so.


Asked on 10/23/10, 12:21 pm

4 Answers from Attorneys

Heather Kubiak The Kubiak Law Firm PLLC

Yes. You can sue him for the torts of assault and battery. But, before you go down that road, what will you accomplish in the end? By going through the civil system, you will only be able to recover money. Does this neighbor have any money for you to collect at the end of the day? You may be better served by going through the pseudo-criminal system and ask for assistance in getting a restraining order against this guy.

I'm very sorry that this has happened to you and hope that the police are able to help you.

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Answered on 10/28/10, 12:28 pm
Parker Polan Briggle & Polan, PLLC

Yes, you can sue him. His car insurance policy should cover it. You need to go to the hospital or doctor immediately and get checked out. If necessary, see a specialist for you shoulder, knee, and foot. You are entitled to recover past and future medical bills, past and future lost wages, past and future pain and suffering and mental anguish, and disfigurement. I would glad to speak to you regarding this matter. I can be reached at 512-751-0680.

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Answered on 10/28/10, 12:35 pm
Donald McLeaish McLeaish&Associates;, P.C.

If he intentionally hit you then his insurance doesn't pay..nor would your uninsured motorist pay probably...good luck

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Answered on 10/28/10, 12:37 pm
Robert Stephens Stephens & Stephens

Probably no coverage for him under his policy, however if you have UM coverage under your own policy, you may successfully recover from your own Ins. Co.

Call me (713) 629-1111. You willl be required to get a judgment against the UM and then you can collect from your carrier /S/ R. Gary Stephens

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Answered on 10/30/10, 1:23 pm


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