Arkansas assault while on a job

[Arklocksmith]

What is the name of your state? Arkansas

Went to rekey a house for a woman who had kicked her husband out. One of his friends called him and told him locksmith van was at the house. He turned into the driveway, gunning his engine and rammed into our van. Husband was inside house taking off locks and I was in the back of the van working. I was knocked flying to the front of the van, hurt my arm and sprained my shoulder. I scrambled to hit the lock button which locked all the doors and he screamed obcenities at me, never even looking my way, heading towards the home where my husband was. I called 911. We made police reports and I was advised by the detective handling the case that the Prosecuting Attorney told the guy who did this that if he could make it right with us, that they would not prosecute him but that if he did not satisfy us with all the damages and repairs that he would be prosecuted for aggravated assault with a vehicle. Should we settle with him and not seek criminal prosecution and if so, what would reasonable punitive damages, pain and suffering, ect., in a case like this be?
Or is there a formula we should be aware of? Thanks for any help.

Locksmith wife

 

[HomeGuru]

What is the name of your state? Arkansas

Went to rekey a house for a woman who had kicked her husband out. One of his friends called him and told him locksmith van was at the house. He turned into the driveway, gunning his engine and rammed into our van. Husband was inside house taking off locks and I was in the back of the van working. I was knocked flying to the front of the van, hurt my arm and sprained my shoulder. I scrambled to hit the lock button which locked all the doors and he screamed obcenities at me, never even looking my way, heading towards the home where my husband was. I called 911. We made police reports and I was advised by the detective handling the case that the Prosecuting Attorney told the guy who did this that if he could make it right with us, that they would not prosecute him but that if he did not satisfy us with all the damages and repairs that he would be prosecuted for aggravated assault with a vehicle. Should we settle with him and not seek criminal prosecution and if so, what would reasonable punitive damages, pain and suffering, ect., in a case like this be?
Or is there a formula we should be aware of? Thanks for any help.

Locksmith wife

**A: do both.

 

[Arklocksmith]

The man is wanting to settle with us in exchange for us dropping criminal charges and civil action. We were wondering how low or high we should be willing to settle with him if that is what we decide to do. Thanks.

 

[stephenk]

screw the guy. let him get prosecuted for the assault THEN file suit against him for your damages. you can make a claim against his auto insurance carrier since he did the damage with his car.

 

[Arklocksmith]

That was our original plan. On one hand, I am so mad, I want them to nail him good.
On the other hand, a felony charge would ruin his life, and altho he is a hothead and a jerk, he is also a businessman and a father and has a good standing in our small town here.

And then there is the aspect of all the court proceedings......just not sure if I want to even mess with it if he is willing to make this right. Too many irons in the fire right now as it is.

Just not sure what $ amount would be reasonable. Wanna make it hurt so he thinks twice next time and I don't want screw myself either, based on what we might get in court.

Anyway, his insurance had already stated they will not be paying on this claim because it was not an accident, but intentional. So the hospital bill and the damage to our van is coming out of his pocket and while he is not one of the Walton boys, he can afford it.

 

[stephenk]

how much is the damage to the van and how much are the medical bills? you will also need to include the cost of renting a vehicle during the period the van is being repaired.

Provide those totals and then some settlement numbers can be figured out.

 

[velbing]

Arkansas assault

A persons standing in the community is not a license to engage in malicious activity and reducing everything to a dollar amount is not going to hit him where it hurts. I agree w/ Stephenk's first post. Prosecute him for the assault then go for damages.

 

[HomeGuru]

I refer to you my post. Do both. Take him down.