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Question

Is there a statue of limitation on filing a civil lawsuit against someone? Or do you have to wait for the criminal judgement?

Submitted: 19 days and 11 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Florida

Already Tried:
Guessing/ I at first thought to wait for the criminal judgement; then, they can get continueses up to a certain point; February marks a year of the occurance; I figure now would be a good time to file the civil suit, and then wait on the criminal judgement. They've got to be out of reasons to continue.

Posted by LawTalk 19 days and 11 hours ago.

Info Request

Good morning,

What incident are you going to be filing a lawsuit about? Auto accident? Assault and battery?

What sort of criminal judgment are you waiting for?

19 days and 11 hours ago.

Reply

Assault and battery, a freind of mind was beaten beyond recognition. He was having an affair with a women for 2 years; she claimed she was not married. Needless to say, she was, Husband comes from overseas, she called my friend over, Husband beats him, cuts his ear leaving it hanging, ties his penis up trying to rip it off etc., She than calls 911 states my friend was trying to rob her and her husband. The police arrested my freind. My friend tried to explain the situtation but to no avail, until upon further investigation ( phone records etc.) they discovered my freind was telling the truth. They released him and arrested the couple. This happened February 09., they are awaiting trial, ergo my question.....

Accepted Answer

Good morning,

I'm sorry to hear of your friend's situation.

First of all, make sure that your friend has applied to the state victim assistance program--each state generally has such a program. The program may provide payment for medical bills and other expenses.

Florida has a 4 year statute of limitation in which to file a lawsuit for personal injury. It would be to your friend's advantage to wait to file suit until after the pair are presumably convicted. Their conviction will allow your friend to get a judgment against them more easily.

I wish you and your friend well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

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Expert: LawTalk
Pos. Feedback: 99.1 %
Accepts: 
Answered: 11/4/2009

Attorney

I am a practicing attorney with more than 25 years of experience in the legal field.

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