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I was violently attacked out of state and no lawyer will take my case??

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mlesicka3

Junior Member
What is the name of your state (only U.S. law)? Where incident happened - Colorado, My state of residence - New Mexico

Last year on October 30th, 2011 I visited a friend in Colorado Springs, CO. I live in New Mexico. We decided to get dressed up and go to a bar to celebrate Halloween. It was me, her (she will remain unnamed) and her boyfriend (unnamed). We both got drunk but we didn't fight or were an any type of disagreement. At the end of the night, she attacked me for no reason. I was trying to get out of the cab at her apartment complex and she pulled me back in and bite a chunk out of my chin. There was blood all over my dress. It was a quarter size chunk missing from my chin. I was rushed to the emergency room along with her because she had to get stitches in her head from fighting with her boyfriend. While waiting for the EMT's in their apartment, she was trying to attack me and her boyfriend had to hold her to the ground where she sustained some minor bruises and cuts along with the lesion on her head.

I have pictures of my chin the night it happened and I have pictures a few days later of her teeth marks bruised on the bottom of my face. This is evidence that she did in fact bite me. I was confused and dazed the night that this happened and was quite confused as I was not in my state and nothing like this had happened to me before so I did not press charges. All I wanted to do was get back home so the following morning I left. We had brief communication afterward of her admitting what she did and promising to pay my medical bills. She has since completely ignored my calls and refuses to pay any of my bills.

A year later, I have contacted the police officer of the case who encouraged me to file a suit against her in civil, not criminal court so I could have my bills paid. I have also contacted 3 lawyers in New Mexico that have declined my case. My ambulance and ER bills equal $1200 and my plastic surgery bill equals $1000.

I feel like she NEEDS to pay for what she did to me but I have no clue as to where to go next. I recently talked to my uncle and he told me to contact the Distract Attorney. What do you all think? Thank you.
 


ecmst12

Senior Member
Was she arrested?

Also who was this woman to you? And where does she live?
 
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OHRoadwarrior

Senior Member
Look at it from a lawyers point of view. You never filed charges. You appear to have no proof aside from your own word, that it happened the way you say. You waited 10 months to decide to pursue it. Last but not least, you want to pursue it in Colorado, with a Colorado lawyer, when you live in NM. If I were an attorney I would only take the case by the hour, with no promises.
 

nanu156

Member
Look at it from a lawyers point of view. You never filed charges. You appear to have no proof aside from your own word, that it happened the way you say. You waited 10 months to decide to pursue it. Last but not least, you want to pursue it in Colorado, with a Colorado lawyer, when you live in NM. If I were an attorney I would only take the case by the hour, with no promises.
Couldn't she just take it to small claims court? I just looked appears the limit is 7500.

She could ask for the medical bills plus her travel expenses. Couldn't she?
 

mlesicka3

Junior Member
Look at it from a lawyers point of view. You never filed charges. You appear to have no proof aside from your own word, that it happened the way you say. You waited 10 months to decide to pursue it. Last but not least, you want to pursue it in Colorado, with a Colorado lawyer, when you live in NM. If I were an attorney I would only take the case by the hour, with no promises.
Well, I didn't wait 10 months. I said I have spoken with 3 lawyers since it happened. I did not press charges because I was not completely aware of what had happened to me, nothing like that had happened to me before and I was all alone in a state that I didn't live in. I do have proof - I have pictures of her teeth marks bruised into my chin. I also have emails between her and myself of her admitting what she did to me.

She was my friend. We are no longer friends of course.
 

Proserpina

Senior Member
Well, I didn't wait 10 months. I said I have spoken with 3 lawyers since it happened. I did not press charges because I was not completely aware of what had happened to me, nothing like that had happened to me before and I was all alone in a state that I didn't live in. I do have proof - I have pictures of her teeth marks bruised into my chin. I also have emails between her and myself of her admitting what she did to me.

She was my friend. We are no longer friends of course.


You have pictures. They prove nothing other than someone, somewhere, might have hurt you. They absolutely DO NOT prove who did it.

You have emails. Can you prove that she actually sent them? That it wasn't you setting up a fake email account to get her in trouble?

Attorneys are generally not allowed in small claims court, incidentally.
 

mlesicka3

Junior Member
You have pictures. They prove nothing other than someone, somewhere, might have hurt you. They absolutely DO NOT prove who did it.

You have emails. Can you prove that she actually sent them? That it wasn't you setting up a fake email account to get her in trouble?

Attorneys are generally not allowed in small claims court, incidentally.
Yes, the emails are from facebook which have her name on them.
The pictures were taken on my phone which provide the date they were taken, and that will show that I was in Colorado visiting her on those dates. Which she wouldn't be able to deny.
 

ecmst12

Senior Member
Well, you've been looking for lawyers in the wrong place, but I doubt you'll have more luck in CO. You don't have much of a case, and she probably doesn't have any money to pay you either.
 

mlesicka3

Junior Member
Well, you've been looking for lawyers in the wrong place, but I doubt you'll have more luck in CO. You don't have much of a case, and she probably doesn't have any money to pay you either.
Well, what about a district attorney? Would he be able to help at all?
 

ecmst12

Senior Member
With what? You didn't contact the police at the time, how exactly do you expect them to investigate now?
 

Proserpina

Senior Member
Well, what about a district attorney? Would he be able to help at all?


10 months after the fact? It likely won't be pursued at all.


Do you know how easy it is to set up a fake FB account and "correspond" with someone? The date on your phone can be faked.

Once again, the photos prove nothing actually meaningful.
 

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