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Asked 4 months ago - Austin, TX
FlagMy brother is looking to sue for sone damages that he incurred during an assault. We are curious what happens if the people he is suing do no not have the money to repay?
As the victim of a crime your brother should push for restitution as part of any plea deal reached by the defendant assuming he was arrested. If restitution is not an option then you should consult with a personal injury attorney to assess damages and likelihood of collecting.
Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737
You need to consult a civil attorney. If that person is "judgment proof" (doesn't have any money), an attorney will probably not take the case unless there's another solvent defendant available (like a property owner's insurance policy). There is no maximum amount. It just depends on his damages. Again, a civil attorney can more accurately advise you on this.
The best chance to get paid is make sure any damages are a condition of probation .
Austin Family Violence Lawyer
www.austincriminaldefenseattorney.com
There are different kinds of damages that can be recovered in a civil lawsuit based on criminal conduct. The nature of the assault can affect a potential limit/cap on damages. The amount of medical bills and pain and suffering, if any, can affect the amount of punitive damages, if any. If here is no money, then you may have a judgment that can file of record. If the defendant obtains assets later, you may be able to take those to pay the judgment. They may have money that you don't know about. Their employer may be liable depending on how/when the assault occurred. Most personal injury attorneys will provide a free consultation to discuss these matters, as does our firm. But, I agree, restitution is the first option. It's free to you and provides the best incentive for the defendant to comply ... jail.
YOu can access the Crime Victims Fund and also make sure the DA has received the complaint and pursues report you have made (I assume you made a report). This type of defendant could not discharge a debt (civil judgment) in bankruptcy court if it meets the requirements of the "intentional tort" exception to bankruptcy discharge. That said, if they have no money, they have no money. There is no cap for compensatory damages. Texas does have punitive damages caps, but they can be waived if the jury finds the right elements of an exception to the cap apply in your case. Very sorry this happened. Good luck!
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