Victim of assault, criminal trial complete. How to get restitution for medical bills?

[heydudeitsme]

Missouri-

Beat up by two guys. At the criminal trial the prosecutor gave them "diversion" basically they're on probation and they have to pay me $500 in restitution (the court max).

My hospital bills were $3,400 initially and after insurance I owe $1,300. How do I get the rest of this back, and how much am I entitled to? The max for small claims court in Missouri appears to be $3,000, should I go there or try for more?

I'm not someone who is looking to sue at every chance they get but these guys messed me up pretty bad. I still have bruising from it 5 months later and the scar near my eye will probably never go away. Not to mention the inconvenience it caused me at work.

More importantly, do you even think I have a case? or am I just screwed?

Thanks.

 

[racer72]

You are only entitled to your actual out of pocket expenses.

after insurance I owe $1,300

Minus the $500 for the restitution = $800.

If you think you deserve more, go talk to a local personal injury attorney or two and see if they think you may be entitled to more.

 

[wrongsometimes]

If you think you deserve more, go talk to a local personal injury attorney or two and see if they think you may be entitled to more.

I would go and consult a lawyer...you'll win something but if you will ever collect is another.

 

[ecmst12]

It's not just a matter of getting the judgement but of being able to collect. It's certainly not worth paying a lawyer to sue someone that has no money. In small claims court, you can only win your actual expenses, but the only thing you have to lose if you never collect is the filing fee and the time it takes to go to court. You are not going to find any lawyer to take the case on contingency unless the guy is independently wealthy.

 

[heydudeitsme]

ok thanks for info, they are both about to graduate from college this spring so I imagine either they or their parents have the money to cover it. are there any actual consequences for them if they chose not to pay?