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#1 ky_lawfull_41005

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Posted 17 January 2013 - 04:18 PM

I was a victim of assault 4th; I sustained a broken nose (communal fracture), laceration to the eye and minor brain injury. My surgery and hospital bills are nearly 2,500-3,000.00, are these charges inadequate? And what can I expect during a bench trial?

#2 adjusterjack

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Posted 17 January 2013 - 05:29 PM

I was a victim of assault 4th; I sustained a broken nose (communal fracture), laceration to the eye and minor brain injury. My surgery and hospital bills are nearly 2,500-3,000.00, are these charges inadequate?


Inadequate?

Well, you are welcome to pay the doctors and hospital more money if you don't think they charged you enough.

And what can I expect during a bench trial?


Whose bench trial?

Civil or criminal?

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 ky_lawfull_41005

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Posted 17 January 2013 - 05:50 PM

I'm sorry i meant do you thing the assault charge is right or should it be higher than 4th degree? I'm sure if it is civil or criminal? Is there a difference? And if so, what? I"m the one pressing charges

#4 adjusterjack

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Posted 17 January 2013 - 07:49 PM

I'm sorry i meant do you thing the assault charge is right or should it be higher than 4th degree?


I'm guessing that the "ky" in your screen name means you are in Kentucky.

Here are the 4 assault statutes:

http://law.justia.co...508-00/508-010/

http://law.justia.co...508-00/508-020/

http://law.justia.co...508-00/508-025/

http://law.justia.co...508-00/508-030/

3d degree and 1st degree don't seem to apply.

And the difference between 2d degree and 4th degree is the difference between "physical injury" and "serious physical injury."

I'm sure that your injuries and costs are serious to you but I don't think that they would meet the definition of "serious" in the criminal code. And the other aspect of that is that the prosecution might feel that a conviction for 4th degree is a slam dunk where a conviction for 2d degree might not be so easy. Besides, a misdemeanor conviction or plea bargain might result in restitution as part of the punishment which could mean that the assailant could end up paying you your costs sooner than a lot later.

I'm sure if it is civil or criminal? Is there a difference? And if so, what? I"m the one pressing charges


Yes, there's a difference. Pressing charges means criminal prosecution.

But you also have the option of filing a civil lawsuit for personal injury which could get you your medical costs, lost earnings (if any) and pain and suffering (which could be many thousands more than just your medical costs.

And you can do that (and possibly be successful) even if the assailant somehow manages to beat the criminal charges because the criminal charges carry a higher burden of proof (beyond reasonable doubt) than a civil lawsuit (preponderance of the evidence). You can google both phrases and learn the difference.

Might be a good idea for you to consult a personal injury attorney.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 ky_lawfull_41005

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Posted 17 January 2013 - 11:45 PM

I already have a personal injury lawyer, i went to Cincinnati and hired one because over here in ky it seems like someone is always in someone else's pocket. Thank you for the help.




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