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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13752
Experience:  Experienced in multiple areas of the law.
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I have a long standing case and wanted to know if I can sue

Customer Question

I have a long standing case and wanted to know if I can sue after 8 years. Here is what happened.
I was playing in a poker tournament in Pompano Beach. I was doing very well and this rather large woman started cursing at me....I told the dealer to warn her but he didn't speak any English. For the next hour she continued to threaten me and even threatened my life. That's when I got up and called security. They came over, but did nothing. The woman than said she was so f**kin frustrated with me she was going to kill me. That's when I said I would be frustrated to if I was losing. She then took her poker chips and threw them in my face hitting me and blinding me in my right eye. Her partner who was drinking came across from the other side of the table and blindsided me with a punch throwing me on the table. They continued to beat me up for several minutes. They than walked away high fiving everyone. Than this dirty cop came to me and asked me what happened. I told him I was brutally assaulted and security did nothing.He went to check the tape and saw it. He handcuffed the two woman but one of them than fainted a panic attack. The cop sent THEM BOTH TO THE ER , so they wouldn't be booked. The next day I contacted a lawyer who took the case. I than got the police report which was full of lies. The cop talked to the woman for hours on the phone and they told him I was saying dirty words like fat f**king c**t, lesbian, dike, homo...I never said anything like that. I was so mad at the cop because he raised his hands to me and said he would have don't the same thing if he were them. I felt like I was the one not victimized. So I wait a few days and get the police report. It was such a lie I put the officer under IA. The problem was I messed up. I didn't get a copy of the tape and the IA dept. said it was evidence and seized it for 5 months. Finally my lawyer got it and after 6 months of asking him when is he going to sue he said he is dropping the case. I was defestated. I lost my job,my gf, I couldn't go out in public without people pointing to me. I became bi-polar and was suicidal. The dr.s put me on different medicines but nothing worked. Finally after 4 years they found one that worked. I than realized I still had a case but the 4 year statute of limitations was up for the bad beating I took. Its now several years later and I am severely depressed and see a shrink. The thought and nightmares of me getting beat up haunt me everyday. My question is even though I can't sue for beating, can I sue for continued emotional damages years later and who to contact to take the case. Please help I really want justice///
Gary (###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I am very sorry to hear what happened.

While I take no pleasure in having to give people bad news, regrettably, the statute of limitations for filing suit lapsed years earlier. The statute of limitations for all torts in Florida is FL Stat Sec 95.11 and it is 4 years. As this was the result of an incident that happened 8 years earlier, while you could file suit, what would inevitably happen is the defendant would file a motion to dismiss the case citing the statute of limitations and the matter would be dismissed (and it's quite possible that a judge would hold you accountable for their attorney fees).

I am sorry that I couldn't give you better news, but it would be unfair to you if I had been anything less then honest with you.

If you need clarification or additional information, please reply and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces before signing out, so I am credited for my time and assistance today. Thank you!

Expert:  RobertJDFL replied 1 year ago.

Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.

Expert:  RobertJDFL replied 1 year ago.

Just following up with you. Did you need clarification or additional information about my answer? If so, please reply, I'm happy to assist further. Otherwise, please remember to leave a positive rating for me by clicking on the stars, as experts are not employees of this site and we are only paid if you leave a positive rating. Thank you.