Richard L. Armstrong's Answers

Can we sue a person for assault after he stole our atv and knocked my husband out?

If your husband "went after him" with physical force, it would be difficult to prevail in a suit for civil assault. A privilege of self defense arises in civil suits, just as it does in criminal actions. Further, if you are thinking of suing for damages relating to conversion (theft) of the ATV, you should forget about it, since the vehicle was returned. This means you have either no damage or negligible damage. Consider yourself fortunate, because this very rarely happens! Lastly, you must...

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I was in an auto accedent 2.5 years ago. i injered my kneck, and it never healed correctly. do I have any recourse on the ins.co

You may very well have a claim, provided the statute of limitations has not lapsed. In many states, including my home state of Texas, the period in which to file suit is 2 years from accrual of the claim (date of injury). In some states, such as Tennessee, it is one year. If time has not run out, you would need to get an attorney working on this fairly quickly. Don't be surprised if a number of them turn you down, given that this much time has gone by. With regard to the sound, to prevail on a...

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Setting aside a settlement agreement in California

Settlement agreements, properly done, are hard to set aside. Your basis for trying to set this one aside sounds like it would be duress. You will need to research, or have a California lawyer consult with you on, whether this fact pattern qualifies as the sort of duress that could set aside the agreement. Fraud is also a possibility. However, it sounds like the former employer threatened to turn the case over to a prosecutor---which technically is not the a factual misrepresentation as is...

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A kid on a bike ran into my car. can I sue his parents for my auto deductable? I live in northampton county PA

It depends on how old the child is. Generally the age at which a child becomes liable for his or her own torts is around 12 (check your state's law). If the child was that age or older, and did not have a background suggesting that he was wreckless, his parents would probably not be liable---the child would. Absent very unusual circumstances, the child would have no assets from which to recover. If, however, the parents were negligently supervising the child, or knew that he had a habit of...

Should I sign a non-compete in FL?

Every state's law is different and I am licensed to practice in Texas. However, if you are in management, which it sounds like, you can usually be terminated at the will of the employer so long as it is not for a discriminatory reason under federal or state law. Such reasons are well recognized: race, religion, ethnic origin, age, gender. disability, and in a few jurisdictions, sexual orientation. Therefore, if it means enough to them, they can probably terminate you. I am not certain what you...