Generally he has to prove 1) his injury exists, 2) that you caused it, and 3) that he was damaged by it. The longer he waits, the harder it is to prove.
If you're staying with him because you're afraid he'll sue you - well clearly the relationship isn't working out. Furthermore, if he's pounding on a car in the presence of kids, I think that action speaks for itself.
If he is claiming you injured him you should turn this matter over to your car insurance company. If he sues you the insurance company will defend you. Depending on your coverage, your insurer may pay to repair your car as well. Good luck to you.
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First, you do not want tone with anyone like this. I'd suggest you seek counseling if you fear him or cannot get out of what is clearly an unhealthy situation.
Second, the truth is on your side. If you had insurance, report exactly what you say occurred and most likely the case will be denied.
If you did not have auto insurance, then call him on his bluff and let him sue you. Why? Because he has the burden of proof and because you can testify that he never sought medical treatment and went to the gym.
Please get out of this mess with him and stop his manipulation. You may also want to seek an order of protection if you fear for your safety.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Best bet is to report exactly what happened to your insurance company, as they would defend any lawsuit brought by him.
Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
The legal bases have been covered here. I just wanted to add that his behaviors are huge red flags for someone who is prone to domestic violence. Please don't consider letting him back into your (and your kids') life. Protect yourself in the ways already mentioned. Take care.
Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.
Would you really want to get back with an abuser? The burden is on him to prove he was injured, that you did it and that he has damages, so the threat of suit is surely a bluff meant to intimidate you. You have grounds for an Emergency Order of Protection, it appears, so go to the local Court, see the Clerk of the Family Law Court and ask for help with the forms. It's free. The EOP is served by law enforcement and if he is caught violating it he gets arrested. EOPs are for abusive situations like you face.With an EOP, the cops will intimidate this intimidator and arrest him if he keeps it up. If you still face problems get legal help.
So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.
Your instincts appear to be correct, that you should not have anything further to do with this ex-boyfriend. Report his alleged injury to your automobile liability insurance carrier and tell them that you suspect that you may not have run over his foot, but he insists that you did. Let your carrier handle this matter.
Whether you should pursue your ex for the $700 damages is a matter that only you can decide. Suing him in Small Claims Court would force you to have more face-to-face contact with him. Perhaps it is best if you let the entire matter go. Only you can decide. Your ex is displaying classic stalker behavior and breaking off contact with him, in all regards and without exception, is probably your best course of action.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.