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Discussion Starter #1 (Edited)
I have a friend who last year, around this time, was battered pretty badly by a coward she was dating at the time. She was beat in the head repeatedly with his fist, most likely so as not to show bruises. Despite this, she ended up with a black eye on the side of the face where he was beating her in the head. This happened on two different occasions before she left him.

There was a witness on one occasion, and she did get pictures.

She did not call the Police, or take any action. She did not see a doctor. Since then, she has suffered recurrent headaches/body aches and is having trouble processing her thoughts and sleeping.

Please, let's not get into the reasons why she has waited until now, unless there's a legal consequence (other than the obvious) for waiting and in that case we'll have the discussion in person with an attorney.

This happened in NYC.

Questions,

1) Does she still have legal recourse, either or both criminal/civil?
2) Would she need to hire a Lawyer in NYC? She's now in LA.
3) Would an Attorney be likely to take this on retainer and if so,
4) Would said Attorney cover any necessary doctor's visits?

This person is very close to me, and in writing this, I'm covering the intense anger I'm feeling. Let's leave it at that.

Any advice would be most appreciated. TIA.
 

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Discussion Starter #3
Yes, she has recourse.


A lawyer could answer the other questions.


A lawyer's job is to pay for the professional/expert advice to enhance his case. Of course, this isn't "free" per se.


Good luck. I hope she manages to recover with treatment.
Thanks Mike! She would like to pursue this ASAP, so if any NYC litigators are online, or if anyone can recommend one, that would be most appreciated.
 

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Questions,

1) Does she still have legal recourse, either or both criminal/civil?
2) Would she need to hire a Lawyer in NYC? She's now in LA.
3) Would an Attorney be likely to take this on retainer and if so,
4) Would said Attorney cover any necessary doctor's visits?

This person is very close to me, and in writing this, I'm covering the intense anger I'm feeling. Let's leave it at that.

Any advice would be most appreciated. TIA.
I'm not an attorney but here's a couple of thoughts:
1) She may need to consider what evidence she may have to prove that: a) the incident really happened to avoid the her word against his scenario; and b)the incident the proximate cause of her injuries. I think this will be a big influence on an attorney deciding to take the cause - especially if it's on contingency.

2) I think (again not a lawyer) that NY state would be the venue -especially if she lived in NYC at the time. There may be an advantaged of finding a firm that has both offices in LA and NY - or an attorney admitted to both bars.

I'm not too sure about #3 and #4 but I think you would not have a problem finding an attorney on retainer and paying their fees (at least they'll get paid either way) but if you go on contingency, that may be more of a problem. And I think attorneys who specialize in personal injury have physicians that they normally recommend clients too and on contingency causes, those physicians don't get paid unless you win. Perhaps her health insurance provider would cover the preliminary physician expenses?
 

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Discussion Starter #5
I'm not an attorney but here's a couple of thoughts:
1) She may need to consider what evidence she may have to prove that: a) the incident really happened to avoid the her word against his scenario; and b)the incident the proximate cause of her injuries. I think this will be a big influence on an attorney deciding to take the cause - especially if it's on contingency.

2) I think (again not a lawyer) that NY state would be the venue -especially if she lived in NYC at the time. There may be an advantaged of finding a firm that has both offices in LA and NY - or an attorney admitted to both bars.

I'm not too sure about #3 and #4 but I think you would not have a problem finding an attorney on retainer and paying their fees (at least they'll get paid either way) but if you go on contingency, that may be more of a problem. And I think attorneys who specialize in personal injury have physicians that they normally recommend clients too and on contingency causes, those physicians don't get paid unless you win. Perhaps her health insurance provider would cover the preliminary physician expenses?
Thanks Allan, everything you say here makes sense.

There was a witness on one of the two occasions, and she does have pictures of the injuries.
 

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Pictures and a witness (who's willing to testify) go a long way. The standing of the case would most likely be New York. She should contact a New York lawyer asap. The burden of proof would be far less for her in a civil case, but, first, a criminal case might be warranted. And a criminal conviction makes a civil judgment afterward easier to achieve. She might also contact an NYC battered women's support group or shelter for more specific advice.

Tom
 

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Discussion Starter #8
Consider also that there is a likelihood that this guy has had other accusations/charges against him for similar incidents. That would virtually solidify a victory.
Hadn't considered that possibility - great thought. :up:
 

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I would totally rather write about my car, but it is my pleasure to try to help you/your friend.

Please advise your friend to contact an Atty ASAP, as there is a 1-year statute of limitations on a civil action for an intentional tort in NYS (and beating a person is an "intentional tort"), so depending upon which side of 1 year ago this incident occurred, your firiend may have lost her rights. You can PM me if you need additional info.

With that caveat, the following are the responses to the rest of your questions:

1. Your friend has legal recourse, BOTH civilly and criminally. For the Criminal Complaint, she would need to start with the Police Dept. in the County wherein the assault happended (they will not be quick to take a criminal complaint on a year-old matter, and will certainly ask why she waited all this time to make a complaint). For a civil case, your friend needs to retain any Atty.

2. Your friend needs to hire an Atty in NYS, who could sue in a NYS Court. As such, your friend will need to travel back to NYS for Depositions and for a Trial (if it got that far).

3. I assume by "take it on a retainer," you mean on a contingency, rather than charging on a per-hour basis (as Attys typically do). The answer to your question, as I have amended it, is "maybe." It depends on how badly she was hurt; what the Witnesses saw/heard; if your friend will come back to NYS for Depositions/Trial, and; what the financial resources of the Defendant are (as suing a person who has limited financial resources only results in an uncollectable Judgment, on which Attys cannot make a living). It is the sort of thing that would require discussion between your friend and an Atty, and there is no definitive answer absent such discuission. If someone were willing to take the case on a contingency, in a typical fee agreement, 33% of the total recovery goes to the Atty.

4. I do not know any Atty that would advance the costs of having a Client treated by a Doctor, and I would see any such a request as being demonstrative of the fact that the Client is "not serious" about their medical treatment or case (boding against taking the case on a contingency). I am not even sure that ethically it is "OK" for an Atty to do so (the question has never been asked of me by any Client). While we will advance costs for an Expert Witness, paying for regular medical treatment for a Client (so that they can "get better") is a whole different matter. Rather, why can't your friend pay for her own medical treatment, or get Medicare/Medicade if she has a financial problem that prohibits her from paying for medical care (as most other indigent persons do)?

I hope I have helped, and you owe my a ride in your car when I am out your way.

ANDY

I have a friend who last year, around this time, was battered pretty badly by a coward she was dating at the time. She was beat in the head repeatedly with his fist, most likely so as not to show bruises. Despite this, she ended up with a black eye on the side of the face where he was beating her in the head. This happened on two different occasions before she left him.

There was a witness on one occasion, and she did get pictures.

She did not call the Police, or take any action. She did not see a doctor. Since then, she has suffered recurrent headaches/body aches and is having trouble processing her thoughts and sleeping.

Please, let's not get into the reasons why she has waited until now, unless there's a legal consequence (other than the obvious) for waiting and in that case we'll have the discussion in person with an attorney.

This happened in NYC.

Questions,

1) Does she still have legal recourse, either or both criminal/civil?
2) Would she need to hire a Lawyer in NYC? She's now in LA.
3) Would an Attorney be likely to take this on retainer and if so,
4) Would said Attorney cover any necessary doctor's visits?

This person is very close to me, and in writing this, I'm covering the intense anger I'm feeling. Let's leave it at that.

Any advice would be most appreciated. TIA.
 

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Discussion Starter #10
Andy, thank you, exactly the advice I was looking for. The potential defendant in this case is extremely wealthy, so that should be attractive to a prospective attorney, should she be within the statute of limitations. She's looking back now to determine the exact date of the incident.

And yes, you've got the wheel anytime you're out here. Just let me know when you're next in LA. :up:

Thanks,

Alan

I would totally rather write about my car, but it is my pleasure to try to help you/your friend.

Please advise your friend to contact an Atty ASAP, as there is a 1-year statute of limitations on a civil action for an intentional tort in NYS (and beating a person is an "intentional tort"), so depending upon which side of 1 year ago this incident occurred, your firiend may have lost her rights. You can PM me if you need additional info.

With that caveat, the following are the responses to the rest of your questions:

1. Your friend has legal recourse, BOTH civilly and criminally. For the Criminal Complaint, she would need to start with the Police Dept. in the County wherein the assault happended (they will not be quick to take a criminal complaint on a year-old matter, and will certainly ask why she waited all this time to make a complaint). For a civil case, your friend needs to retain any Atty.

2. Your friend needs to hire an Atty in NYS, who could sue in a NYS Court. As such, your friend will need to travel back to NYS for Depositions and for a Trial (if it got that far).

3. I assume by "take it on a retainer," you mean on a contingency, rather than charging on a per-hour basis (as Attys typically do). The answer to your question, as I have amended it, is "maybe." It depends on how badly she was hurt; what the Witnesses saw/heard; if your friend will come back to NYS for Depositions/Trial, and; what the financial resources of the Defendant are (as suing a person who has limited financial resources only results in an uncollectable Judgment, on which Attys cannot make a living). It is the sort of thing that would require discussion between your friend and an Atty, and there is no definitive answer absent such discuission. If someone were willing to take the case on a contingency, in a typical fee agreement, 33% of the total recovery goes to the Atty.

4. I do not know any Atty that would advance the costs of having a Client treated by a Doctor, and I would see any such a request as being demonstrative of the fact that the Client is "not serious" about their medical treatment or case (boding against taking the case on a contingency). I am not even sure that ethically it is "OK" for an Atty to do so (the question has never been asked of me by any Client). While we will advance costs for an Expert Witness, paying for regular medical treatment for a Client (so that they can "get better") is a whole different matter. Rather, why can't your friend pay for her own medical treatment, or get Medicare/Medicade if she has a financial problem that prohibits her from paying for medical care (as most other indigent persons do)?

I hope I have helped, and you owe my a ride in your car when I am out your way.

ANDY
 

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Glad I could help. If she thinks she is timely (within 1 year), send me a PM with her info, and I will have someone in my Office speak with her tomorrow.

While I am humble Exige-driving Divorce Atty, the head Atty in our Personal Injury Dept is "as good as it gets" (she has a few of the highest verdicts on partcular injuries in NYS), and in her spare time she is my Wife.

ANDY


Andy, thank you, exactly the advice I was looking for. The potential defendant in this case is extremely wealthy, so that should be attractive to a prospective attorney, should she be within the statute of limitations. She's looking back now to determine the exact date of the incident.

And yes, you've got the wheel anytime you're out here. Just let me know when you're next in LA. :up:

Thanks,

Alan
 

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Discussion Starter #12
Glad I could help. If she thinks she is timely (within 1 year), send me a PM with her info, and I will have someone in my Office speak with her tomorrow.

While I am humble Exige-driving Divorce Atty, the head Atty in our Personal Injury Dept is "as good as it gets" (she has a few of the highest verdicts on partcular injuries in NYS), and in her spare time she is my Wife.

ANDY
Thanks Andy, you have a PM. :up:
 

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On a separate note your friend may have experienced a traumatic brain injury (TBI) so she may want to seek out therapeutic services to address any functional limitations she is now experiencing (slower processing speed, memory loss, etc.). There are several community based services that are no cost or low cost that provide rehabilitational services and teach coping/learning strategies and the like to individuals with TBIs. I know of some of these agencies in CA, PM me if you want more information.
 

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advice: purchase one or both items pictured, then call the cops



advice number 2: get beat once shame on him, get beat twice shame on you
 

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wow, sorry about your friend, Alan. That's ridiculous.

i hope you guys hang that punk by his balls...if he's got a set.
 

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The potential defendant in this case is extremely wealthy, so that should be attractive to a prospective attorney, should she be within the statute of limitations. She's looking back now to determine the exact date of the incident.
Did OJ do this before or after he got arrested for breaking into the hotel room?

Please tell your friend that she should always file a police report to cover herself. My friend was beat up by her ex husband, he was also driving drunk with the kids in the car and since their is a police report showing this, she is planning on using this against him in their divorce so that he doesnt get custody of their kids.
 
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