Assault & Battery PI Suit - please reply ASAP!

[UndecidedSuit]

What is the name of your state (only U.S. law)? NY

A very convoluted tale of despicable neighbors who attacked me almost one year to the day, as I was coming home at night. 2 people, with a 5 foot pipe and a tile that left a permanent scar on my arm, and some numbness/pain/nerve damage to today.

They were arrested, charged & indicted w/felony assault, eventually pleaded guilty to misdemeanor disorderly conduct, with permanent order of protection. They continue to devise ways to harass us and make our life hell.

Have OOP, medicals, and surveillance video, and guilty pleas on file.

Lawyer who wants to take the case, says proving it is a slam dunk. Other lawyers who didn't, also said so, but believe recovery will be the hard part (and of course they want to get paid) This guy will do a partial contingency and believe I have an excellent case, and the defendants will have no case, and maybe want to settle. They have a business and house.

Now, others say they will look to hide their assets and NEVER pay. I can probably make their life a living hell (like they've done awful things to us), just by imposing a judgement and lien against all their possessions for years!

And, to boot, still live next to them, and will fan the flames of hatred. In fact, my wife is somewhat terrified, that they will harm our family, and if we sue them, it will only make things worse.

These people are dirty criminals, and even do worse stuff I won't mention here. I am between they need to pay for what they have done, and I have to protect my family from danger. What should I do? Give me your thoughts on all the pros and cons. The statute is almost expired (BTW) I heard that this type of suit is 1 year, but heard recently it could be 7?? Please verify.

This is a personal injury claim for assault and battery and intent to harm, as well as slander and defamation. Thanks much!

 

[justalayman]

A very convoluted tale of despicable neighbors who attacked me almost one year to the day,

what date was the attack?

 

[UndecidedSuit]

Should I or shouldn't I

what date was the attack?

Still within 1 year (so far), but what is the latest statute for such a thing? Most say 1 year to bring a suit, one said recently it changed to 7 - is this accurate?
Other thoughts? Thx

 

[quincy]

Still within 1 year (so far), but what is the latest statute for such a thing? Most say 1 year to bring a suit, one said recently it changed to 7 - is this accurate?
Other thoughts? Thx

The statute of limitations is one year from the date of first publication for defamation and one year from the date of assault.

If you have attorneys in New York looking into the matter for you, who have been personally able to review all of the facts of your situation, I am not sure what sort of help you are seeking from the forum members here.

 

[LdiJ]

Still within 1 year (so far), but what is the latest statute for such a thing? Most say 1 year to bring a suit, one said recently it changed to 7 - is this accurate?
Other thoughts? Thx

It would be far better to ask the attorney that question. He/she is local and will know the laws better than we would.

 

[justalayman]

then if it is within the 1 year limit (if it has changed to 7 I have not found that but regardless), the rest of the answers are something only you can answer.

 

[UndecidedSuit]

I want to know..

The statute of limitations is one year from the date of first publication for defamation and one year from the date of assault.

If you have attorneys in New York looking into the matter for you, who have been personally able to review all of the facts of your situation, I am not sure what sort of help you are seeking from the forum members here.

Thank you and all for replies. I guess what I want to know, that IF I decide to proceed, there is a GOOD chance of recovery, assuming that we can prove the case hands down. The attorney here sees no possible defense, given the outcome of the criminal matter, and the permanent injury. But if they are going to hide their assets in the basement, why bother? A lot of attorneys turned it down for this reason, and that there is no insurance company to sue. So, I guess I want to gauge from your vast experiences: 1. Is this lawyer realistic (when others turned it away - mind you that they said they might take it, for a big upfront load of $$)
2. What could be possible outcomes?
1. Defendants get attorney, advises them to hide assets
2. Agree to settle, hoping to make it go away
3. Follow my car to an undisclosed location and push it w/me off the cliff :-O

Chances are as I understand it, they will not contest it, and end up either settled, or summary judgement in my favor.
Any thoughts legal or otherwise? Thanks!

 

[Silverplum]

Thank you and all for replies. I guess what I want to know, that IF I decide to proceed, there is a GOOD chance of recovery, assuming that we can prove the case hands down. The attorney here sees no possible defense, given the outcome of the criminal matter, and the permanent injury. But if they are going to hide their assets in the basement, why bother? A lot of attorneys turned it down for this reason, and that there is no insurance company to sue. So, I guess I want to gauge from your vast experiences: 1. Is this lawyer realistic (when others turned it away - mind you that they said they might take it, for a big upfront load of $$)
2. What could be possible outcomes?
1. Defendants get attorney, advises them to hide assets
2. Agree to settle, hoping to make it go away
3. Follow my car to an undisclosed location and push it w/me off the cliff :-O

Chances are as I understand it, they will not contest it, and end up either settled, or summary judgement in my favor.
Any thoughts legal or otherwise? Thanks!

Thoughts have already been expressed, and all of them advised you to ask your attorney.

 

[Ladyback1]

Thank you and all for replies. I guess what I want to know, that IF I decide to proceed, there is a GOOD chance of recovery, assuming that we can prove the case hands down. The attorney here sees no possible defense, given the outcome of the criminal matter, and the permanent injury. But if they are going to hide their assets in the basement, why bother? A lot of attorneys turned it down for this reason, and that there is no insurance company to sue. So, I guess I want to gauge from your vast experiences: 1. Is this lawyer realistic (when others turned it away - mind you that they said they might take it, for a big upfront load of $$)
2. What could be possible outcomes?
1. Defendants get attorney, advises them to hide assets
2. Agree to settle, hoping to make it go away
3. Follow my car to an undisclosed location and push it w/me off the cliff :-O

Chances are as I understand it, they will not contest it, and end up either settled, or summary judgement in my favor.
Any thoughts legal or otherwise? Thanks!

Getting a court ordered judgment is easier than actually collecting said judgment.

"Making them pay" for their bad behavior is all well and good; however, what would be the emotional, mental and physical toll would it place on you and your family?
I would suspect that the offenders do not believe they did anything wrong. They are most likely angry over the criminal case (or they think it's all one big joke). And obtaining a judgment, then collecting the judgment is only going to ratchet up emotions for all involved. It's difficult enough for you and your family at this point, still living in the same neighborhood as the offenders. Do you think any monetary amount is going to make things any better for your family?

 

[UndecidedSuit]

LadyBack: "Getting a court ordered judgment is easier than actually collecting said judgment.

"Making them pay" for their bad behavior is all well and good; however, what would be the emotional, mental and physical toll would it place on you and your family? "
>>>>Not sure, but they are obviously capable of malicious and physical assault, and have done other sneaky things (car vandalized)

"I would suspect that the offenders do not believe they did anything wrong. They are most likely angry over the criminal case (or they think it's all one big joke). "
>>>>>They KNOW they did something wrong - that's not the issue. They are probably both angry, and think the misdemeanor is a joke

"And obtaining a judgment, then collecting the judgment is only going to ratchet up emotions for all involved. It's difficult enough for you and your family at this point, still living in the same neighborhood as the offenders. Do you think any monetary amount is going to make things any better for your family?[/QUOTE]"

Yes, this is an excellent point!

If they even showed a modicum of regret, or apologetic - NO, they continue taunt us and harass us, badmouth us to the neighbors, and show disdain. What what you do?

 

[Ladyback1]

If they even showed a modicum of regret, or apologetic - NO, they continue taunt us and harass us, badmouth us to the neighbors, and show disdain. What what you do?

I do not know what I would do, frankly. There are so many variables that only you can decide whether a civil suit is worth pursuing.

I know, not a real helpful answer!

I will say this: If your wife is adamantly opposed to the idea; is the possible friction at home worth it? Is this going to be a major issue between you and your wife? Winning and collecting a judgment will be a hollow victory if you are sleeping on the living room couch (in my opinion)!

 

[UndecidedSuit]

followup

I do not know what I would do, frankly. There are so many variables that only you can decide whether a civil suit is worth pursuing.

I know, not a real helpful answer!

I will say this: If your wife is adamantly opposed to the idea; is the possible friction at home worth it? Is this going to be a major issue between you and your wife? Winning and collecting a judgment will be a hollow victory if you are sleeping on the living room couch (in my opinion)!

Well, the wife is NOT entirely against it. I want to make the right decision, but also have these people leave me alone. So they can either see we're serious about having them F off, or be sued, or they'll get insanely violent (but in that case, if they physically touch me, I have an OOP) We're getting to the point we can't sleep at night - and also considering a PI

 

[Ohiogal]

An ethical attorney is NOT going to advise anyone to hide assets.

 

[commentator]

An ethical attorney isn't who they're going to ask for advice, either. Do you honestly think they'd ask for advice before doing this?(Hiding assets.)

OP, you are playing in a world you do not understand. Honestly, if you think a piece of paper (OOP) is going to scare the people who attacked you physically and keep you safe in any way, you are deluding yourself. Likewise, if you think spending the money to hire this one lawyer who'd do it and taking them to court is going to make them show contrition, teach them a lesson, make them change their behavior, etc., you are way wrong.

That they were fined, made to pay, incarcerated by the system, this they might accept as relatively impartial. But then if you go on and sue them, and get a judgment against them, that is YOU not the law, and you're the one they're going to really be packing a grudge against.

Likewise if you think hearing them apologize is going to make you feel better, you're wrong. And you won't get the money, even if you, as you say, chase them around and try to make their lives miserable for the next many years. Whatever the law did to them for the assault, you should accept that as being the worst that is going to happen to them for beating you and move on from this.

All you will be doing is making a bad situation with bad neighbors worse. You'll do something to them, and they'll sit up nights figuring out ways to get retribution. Better you and your wife think about relocating. Planning to spend the next few months in court, in litigation to collect the money you might be awarded, years of making them pay (you think) is a sorry way to spend your time even if they weren't going to be plotting to ....let's see. How about burn down your house, kill your pets, call the law on you for everything, sugar your gas tank, dig traps in your yard, the list goes on and on. And they'll honestly feel like they are justified in doing anything they do. This will keep their whole family occupied and amused for years.

I used to deal with an employer who owned a rather large construction company. No matter what the employee had done that would have been deserving of a firing, he always gave them a "lack of work" separation and sent them on their way. I asked him why he didn't fire some of these terrible people, so they wouldn't get unemployment. His response was very wise. He said, "Some of these people are mean, and some of them are crazy. It's not a good idea to get mean crazy people to thinking about you and how you're the cause of all their problems. The little bit of money this costs me isn't worth the risk that they'll come around and sabotage some equipment on the job so it kills someone or fire bomb my car or something."

You asked for opinions. I am giving you one rich with experience in the way minds like those of your neighbors work. Don't sue. Move on.

 

[UndecidedSuit]

Wow...

commentator - i thank you for that eye-opener. I'm emotional for wanting to get them (as they deservedly should, not as a vengeful vendetta, but justice), but I am not a totally stupid person incapable of reason. So, I take your words very seriously, and with great consideration.

The issue becomes then, which I guess now goes beyond this forum - they still continue to do things to us, because of this OOP, which of course they brought on themselves. They do not understand that the LAW dictated all this, and they committed the crime (they are not that bright (which is why they attacked me in from of surveillance cameras, eh, and do not distinguish what happened to them was not ME.

So, if I can't make them back off by suing them, what is my alternative (besides moving far away)? Or just accept that I will get an occasional flat tire, or broken window, or ? How can I protect myself and family, even with OOP?? Hire a bodyguard? Hire security? A PI? If you and the good folks here are inclined to answer, please do, otherwise, I consider myself forewarned. Thank you!!