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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was involved in a road rage incident today and then physically

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I was involved in a road rage incident today and then physically assaulted by the man who continued to tailgate me for some way into a parking lot to get gas this afternoon. I finally hit my brakes, he came out of his truck, I did get out of my car, he approached me. I told him that he pulled out in front of me, in a 60 mph speed limit, without consideration, then the next thing I know, I am a f***ing B and shoved backwards to the ground. I just had neck surgery in November and Lumbar surgery in December. I was coming back from PT when the incident happened. I did file assault charges against him. He was given a citation. I need to know if I need an attorney.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question and I'm very sorry to hear about this!

Do you believe that the shove has caused you any actual physical injury, or re-injured or exacerbated your neck and spine injury?

Customer: replied 1 year ago.

yes, I do. I haven't had any need for pain meds in a couple of days or so. I have already taken precaution and have an appointment with my PA on Friday morning just to make sure all is still in place.


 

Expert:  Zachary replied 1 year ago.
OK.

In order to collect monetary damages (which would include medical expenses, pain and suffering, and punitive damages) you must sue the criminal directly. The state will not award you with anything other than your medical expenses under the Victims Compensation Fund.

If you expect that your expenses and pain and suffering from this incident are under $10,000.00, you can file the claim against him in small claims court. An assault case is a pretty easy case to win. If you asked for a jury, it is likely that they would award you then entire amount if you can adequately describe what happened to you with enough emotion to make them angry at the criminal.

If you wish to attempt to collect more than $10,000, you will need to file the suit in county or district court. This would require a lawyer because the rules of civil procedure and the rules of evidence apply.

So, in the end, whether you need a lawyer or not is really up to you. If you want to claim more than $10K, or you simply don't want to bother with the headache, then you should hire a lawyer.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

I live in a county east of Dallas and it's so, pardon the pun, backasswards, it isn't funny. I suppose what I am trying to tell you is, as far as any punitive damages, would be fruitless on my behalf since this happened in the middle of the day, (1pm central) probably no job. I just want him punished to the fullest extent of the law. I am sick and tired of seeing people get away with crime against others. Like I said before, I am disabled. Still recovering from cancer with residual effects from treatment


threatening my eye site. I won't get into the rest and bother you, but you don't just come up and shove some one to then ground disabled or not. Especially a woman.


 


Thank you for your time and your input. I will contact the prosecutor and see if we have a victims advocate here in town.

Expert:  Zachary replied 1 year ago.
I think you would be surprised what a jury will pay in a situation like yours. This is exactly the type of situations where small town juries will give punitive awards.

If you want to really hold this guy responsible you should sue him. He's going to be punished, but the criminal justice system is so overwhelmed in Texas right now that it is likely that he will only get probation if he has no prior offenses.
Customer: replied 1 year ago.

Boy your not kidding there. But I do know he does not live too far away from me. And I am here from early mornings on 22 acres and a dead end road by myself. I am armed if need be, because we're so far out. But knowing that he doesn't live that far away leaves me unnerved.


 


One more quick question if you don't mind? Where are you located?


Again thank you !!!! I appreciate your input!

Expert:  Zachary replied 1 year ago.
It's never a bad idea to be armed and ready for any kind of potential illegal attack by him.

My office is in Houston. Unfortunately the website does not allow us to represent customers we help on line, so I won't be able to do anything for you personally.

I'm quite sure that if you contact any personal injury attorney in your local community, they will be happy to help you.

Please remember to rate my answer and thanks for your business!
Zachary, Attorney
Category: Legal
Satisfied Customers: 3818
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 15 other Legal Specialists are ready to help you

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