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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31566
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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an acquaintance, who had been drinking, was in my home as a

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an acquaintance, who had been drinking, was in my home as a guest of my roommate. My roommate wanted me to drive his "drinking" guest to his home. Without provocation the acquintance struck me in the face twice, wrenching the back of my neck; then stormed out of the house driving off in a reckless cloud of dust.
My roommate, upset with himself for even bringing his friend into the house, suggested I file a crimial assult and battery charge, then sue for damages.

Can I bargain with the offender before calling the police to file a complaint. Can I say...since I'm 67 years old, my medicare will cover issues with my hurt neck, but I want $10000 cash settlement or I file the criminal complaint.
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney here to assist you.

 

I think you're better off informing the person that you will file civil suit for your damages and also criminal charges for the assault and battery.

 

This way, any money would appear to be a settlement of the civil claim - not the criminal one. The law is murky when you're dealing with payment for withholding prosecution - I would not recommend putting yourself in that situation.

 

If the guy refuses to pay, you can proceed to file criminal and civil charges.

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