personal injury

[speedracer2169]

What is the name of your state? California

Back in June of 2002 I was stabbed 5 times and lost the use of my arm for 6 months. Now I only have about 90% of the use of my arm back. The guy that attacked me was caught three weeks later. convicted in december and released on probation 6 months later. I never looked to sue the guy because I had no money and was ondering that now 4 years later is it too late. I still have some bills that are in collections that are related to this and the state was supposed to take care of but never did

[CALIF-LAWPRO32]

Originally Posted by speedracer2169

What is the name of your state? California

Back in June of 2002 I was stabbed 5 times and lost the use of my arm for 6 months. Now I only have about 90% of the use of my arm back. The guy that attacked me was caught three weeks later. convicted in december and released on probation 6 months later. I never looked to sue the guy because I had no money and was ondering that now 4 years later is it too late. I still have some bills that are in collections that are related to this and the state was supposed to take care of but never did

My response:

It all over. The SOL expired 2 years after your injury date. No, there's nothing you can do. It's over.

IAAL

[speedracer2169]

Originally Posted by CALIF-LAWPRO32

My response:

It all over. The SOL expired 2 years after your injury date. No, there's nothing you can do. It's over.

IAAL

Ok that's all i needed to know. Thanks

[garrula lingua]

Check on the sentence of the attacker. The probation period may have been 36 months, 48 months or 60 months.

If (long shot) the defendant was given 60 months probation from the time he pled, then restitution is still an issue for the sentencing court (statute states, as long as defendant on probation, issue can be re-visited by court).

The beauty of restitution by a crim court, is that the restitution ordered is not dischargable in bankruptcy.

It's a long shot, but check on it. Call probation; they can refer you to def's probation officer & advise.

PS: If def violated probation, then the term of probation 'tolled' (stood still during vio prd), which extended the probation. It's worth checking.

[CALIF-LAWPRO32]

Originally Posted by garrula lingua

Check on the sentence of the attacker. The probation period may have been 36 months, 48 months or 60 months.

If (long shot) the defendant was given 60 months probation from the time he pled, then restitution is still an issue for the sentencing court (statute states, as long as defendant on probation, issue can be re-visited by court).

The beauty of restitution by a crim court, is that the restitution ordered is not dischargable in bankruptcy.

It's a long shot, but check on it. Call probation; they can refer you to def's probation officer & advise.

PS: If def violated probation, then the term of probation 'tolled' (stood still during vio prd), which extended the probation. It's worth checking.

My response:

A very small "shot." He's got a better "shot" checking into the status of his Victim of Violent Crime claim; but, I rather doubt either of them will pan out.

IAAL