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legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13441
Experience:  Licensed Attorney for 7 years
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Why wont attorneys take a case unless the defendant has been

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Why won't attorneys take a case unless the defendant has been charged by police? I was assaulted back in March, and the person who assaulted me, among other things, knuckle-punched me in my left eye, breaking my orbit. I had to go to the hospital for 2 days, then back again another 2 days for the operation. Now I'm finding that I may have permanent damage to my left eye....whenever I look downward I see double because of the insert they used to fix my lower orbit, plus sometimes I'm experience a bit of intermittent pain, more so irritation, usually in the evenings. Though this guy has already been caught in several lies, the police still have not charged him. I spoke to two different attorneys, and both of them told me they wouldn't even touch the case unless the police charged this guy. Why is that?? And, can I still sue this guy in court even though the police haven't charged him??
It is easier to prove a civil case when there is a criminal case pending where you can use the same evidence and not do as much work. There is most likely an attorney who will take your case but it will just take time for you to find one. You can still file a civil suit even without a criminal suit.
Customer: replied 7 years ago.
Okay, so if I still file a civil suit without the criminal suit, what's to prevent the defendant from making false claims in court, as to why he did what he did? See, he said I did something that was completely untrue, and he only said it just to get away with what he had done. He came here with his wife that day, and she of course is corroborating his lie. The police had me take a lie detector test even though I was the vicitim, and it came out inconclusive....whatever that means, but they still caught him in several lies that point to my telling the truth. Plus my neighbor said he smelled booze on the guy's breath, so he was also drinking the day he did this. I didn't even know that until my neighbor told me, and the police certainly never said anything about that either. At any rate, what's to prevent him from making false claims in effort to justify his actions??
Nothing prevents him from lying or putting on a false defense. That is the risk you take when there is a situation like this when you have no independent witness to testify on your behalf and of course you can show his wife would lie for him so it comes down to who a jury or judge would believe more, you or the other guy.
Customer: replied 7 years ago.
I think when the facts come out, I will have no problem there. Plus I have a recording of this guy calling here drunk, threatening me. Tell me, how much do you think a case like this is worth? Medical bills were around $35,000.

Also, do most attorneys expect to be paid to take a case like this, or do they take it on consignment??
Yes the recording will be helpful. You an get damages and attorney fees, so maybe up to $100K. Usually the attorneys want to be paid up front but you may find one who will do it on contingency.
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