You have a civil action as well as possibly a criminal action against this person. File a police report. You should also contact one or more attorneys and hire one. This appears to be the sort of case where the attorney can take your case on a contingency basis, meaning you would not have to pay a retainer up front. Seek attorneys who are experienced in personal injury of this nature. You are fortunate that there are many in your area. If you do not know when he, you can click on the Find a Lawyer link at the top of this page.
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Yes. In fact I have handled this exact case before. Much depends upon what can be proven via medical records, who knew what when, and other fact issues.
Whle some lawyers may take such a case in a partial contingency basis, because it involves pursuing an individual, rather than an insurance carrier, collection can be difficult.
Thus, I'd expect most lawyers would work partly on a fee basis and costs paid in advance at the very least.
Talk to a lawyer today.
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The person who transmitted this condition to you, depending upon the particular circumstances, may be liable both civilly and criminally. Please consult with both the local prosecutor's office for the criminal aspect and with a local personal injury lawyer for the civil aspect. Good luck to you.
I practice in the State of New York and to the extent this question involves the law(s) of other states, my response should be deemed to be educational only and should not be relied upon as legal advice. Even for matters involving New York law, no response should be relied upon as legal advice unless the person asking the question has consulted with me in a direct consultation. (i.e., in-person or by telephone.)
File the police report and then discuss with the State's Attorney. If he pleads guilty or is found guilty in criminal court, a certified copy of that disposition can be filed with the small claims court and the sole question will be how much.
Your only real option is to come up with a minimum of $3,500.00 retainer and replenish it on some interval. I think that would be foolish. You don't want a big judgment against him because he may decide to file bankruptcy and discharge the judgment. By then you would have spent about $5000.00 (or more) and would never collect a cent.
Remember that a Court of Law can ONLY give you money. Only a fool litigates in a court of law where there is no reasonable expectation of receiving more than you spend.
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I agree with the answers posted earlier that you can both file criminal charges and pursue a civil claim for damages. Concerning the latter, maintain your course of treatment, secure any medical records you are able (the rest can be secured through the course of representation), be prepared to discuss or even show why it is likely that a judgment can be collected from this individual and schedule a consultation sooner, rather than later.
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