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To sue or not to sue?

Started by Douglas Diaz3 · · 👁 4 views · 16 replies

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Participants Douglas Diaz3crimsonsailor7slyrider16Jason Morgan4Thomas Miller80James Lewis6goldengull3Casey Ramos31Mark Johnson16Brian Lopez8
Douglas Diaz3 Douglas Diaz3 MemberOP
13 messages
joined Jul 2007
#1 ·
So, some random dude straight up sucker-punched me out of nowhere last night and broke my nose. Doctors said the injuries are relatively minor, but still, man... Since the guy is an international traveler, I’m heading to court first thing tomorrow. I'm debating whether I should hire a lawyer and file a private lawsuit, but I have no clue how that even works when he's just visiting from Mexico. Like, can I actually claim some kind of headache or emotional distress to push for a settlement? And realistically, how much cash am I looking at potentially pulling in?
Douglas Diaz3 Douglas Diaz3 MemberOP
13 messages
joined Jul 2007
#2 ·
Is it actually possible that nobody has an answer for this??

Does anyone have any clue what kind of sentence that guy is looking at? We were just in court, and while he’s definitely getting hit with a fine, the judge wouldn't give me a straight answer on the amount. It’s just a case of misdemeanor assault—broken nose and all that crap.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#3 ·
He’ll get hit with whatever fine the judge decides to slap on him, somewhere in that middle ground between the minimum and the maximum, but honestly, that’s not even your problem...

If you’re looking to get some money back, you’d have to file a civil suit, but looking at how bad the injury actually was, I don't think it's worth the headache. No one is going to cut you a check for thousands of dollars over something like this.
Just be ready for it to drag on forever in the court system, especially if the guy is living out of state or somewhere overseas...
slyrider16 slyrider16 Active Member
60 messages
joined Mar 2006
#4 ·
It’s honestly pathetic how the current laws and legal precedents handle this stuff. But hey, I doubt I’ll even live long enough to see actual physical assaults get punished properly...
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#5 ·
slyrider16 said:It’s honestly pathetic how the current laws and legal precedents handle this stuff. But hey, I doubt I’ll even live long enough to see actual physical assaults get punished properly...

Look, you can't just say every single physical attack should be punished the exact same way, so that "regardless of the circumstances" part of your argument doesn't really hold water with me...
Jason Morgan4 Jason Morgan4 Member
16 messages
joined Jul 2007
#6 ·
Douglas Diaz3 said:Is it actually possible that nobody has an answer for this??

Does anyone have any clue what kind of sentence that guy is looking at? We were just in court, and while he’s definitely getting hit with a fine, the judge wouldn't give me a straight answer on the amount. It’s just a case of misdemeanor assault—broken nose and all that crap.

A broken nose is a serious physical injury. He's complaining about insomnia, breathing issues, blackouts, and neck pain from the whiplash... so just grab whatever settlement you can get. Regardless of any fractures, a BROKEN nose alone is a MAJOR PHYSICAL injury...

As for suing for damages, good luck in civil court...
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#7 ·
Jason Morgan4 said:A broken nose is a serious physical injury. He's complaining about insomnia, breathing issues, blackouts, and neck pain from the whiplash... so just grab whatever settlement you can get. Regardless of any fractures, a BROKEN nose alone is a MAJOR PHYSICAL injury...

As for suing for damages, good luck in civil court...

nah, I mean if there's even a slight shift in it. unless I'm totally remembering it wrong...
slyrider16 slyrider16 Active Member
60 messages
joined Mar 2006
#8 ·
crimsonsailor7 said:Look, you can't just say every single physical attack should be punished the exact same way, so that "regardless of the circumstances" part of your argument doesn't really hold water with me...

That's not even what I said. My point was that any kind of physical attack should carry a penalty way harsher than the current minimum. Obviously, different attacks would still be classified differently and get their own specific punishments. It's just that the current laws in this country have such an insanely high tolerance for violence...
Thomas Miller80 Thomas Miller80 Active Member
93 messages
joined Jun 2007
#9 ·
Jason Morgan4 said:A broken nose is a serious physical injury. He's complaining about insomnia, breathing issues, blackouts, and neck pain from the whiplash... so just grab whatever settlement you can get. Regardless of any fractures, a BROKEN nose alone is a MAJOR PHYSICAL injury...

As for suing for damages, good luck in civil court...


he isn't spreading any misinformation ☕
there's a few sentences about this further down—in the "serious bodily injury" thread, I think.
James Lewis6 James Lewis6 Newcomer
8 messages
joined Aug 2007
#10 ·
Track down that Canadian guy and break his nose, then take a chunk out of his ear... surely you can do better than that.
goldengull3 goldengull3 Regular
260 messages
joined Nov 2007
#11 ·
crimsonsailor7 said:nah, I mean if there's even a slight shift in it. unless I'm totally remembering it wrong...

Your memory isn't failing you.
Casey Ramos31 Casey Ramos31 Active Member
144 messages
joined Oct 2017
#12 ·
crimsonsailor7 said:He’ll get hit with whatever fine the judge decides to slap on him, somewhere in that middle ground between the minimum and the maximum, but honestly, that’s not even your problem...

If you’re looking to get some money back, you’d have to file a civil suit, but looking at how bad the injury actually was, I don't think it's worth the headache. No one is going to cut you a check for thousands of dollars over something like this.
Just be ready for it to drag on forever in the court system, especially if the guy is living out of state or somewhere overseas...

Of course it matters to him! Who else would it matter to? If he can't get a massive settlement, the least he can get is some damn justice.
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#13 ·
Casey Ramos31 said:Of course it matters to him! Who else would it matter to? If he can't get a massive settlement, the least he can get is some damn justice.

Nah, it definitely doesn't touch him at all.
Casey Ramos31 Casey Ramos31 Active Member
144 messages
joined Oct 2017
#14 ·
crimsonsailor7 said:Nah, it definitely doesn't touch him at all.

If someone were to god forbid jump you on the street, wouldn't that be your problem too?😕>
crimsonsailor7 crimsonsailor7 Active Member
214 messages
joined May 2010
#15 ·
Quentin Tarantino:
Casey Ramos31 I can't even begin to wrap my head around what Douglas Diaz3 was saying about this... it's just one of those things where you stare at the screen for a minute trying to process the sheer weight of it all, and honestly, I don't think I'll ever quite get there... it’s like when you’re watching a classic film directed by Quentin Tarantino and you realize halfway through that everything you thought you knew about the plot was totally wrong, and you're just left sitting there in the dark, wondering how you missed all the signs... it really makes you rethink everything, doesn't it...
I mean, if someone were to just come up and jump you on the street or something, wouldn't that actually affect you too...😕
I'm not saying he's completely out of the loop, but I'm pretty sure he hasn't given a single thought to how much time that guy is actually going to serve... like, there's just zero money in it for him...
Mark Johnson16 Mark Johnson16 Newcomer
3 messages
joined Aug 2007
#16 ·
Douglas Diaz3 said:So, some random dude straight up sucker-punched me out of nowhere last night and broke my nose. Doctors said the injuries are relatively minor, but still, man... Since the guy is an international traveler, I’m heading to court first thing tomorrow. I'm debating whether I should hire a lawyer and file a private lawsuit, but I have no clue how that even works when he's just visiting from Mexico. Like, can I actually claim some kind of headache or emotional distress to push for a settlement? And realistically, how much cash am I looking at potentially pulling in?

Look, man, get yourself a lawyer and absolutely hammer him for that broken nose.
The guy is going to get hit with a fine and he deserves it, but if you spend years dragging him through the American court system, you're just wasting your own time.
If you're really after the money, try to settle out of court instead; just don't go asking for millions unless you're planning on getting a whole new nose out of the deal.😁
Brian Lopez8 Brian Lopez8 Member
12 messages
joined Aug 2008
#17 ·
...it looks like there isn't any actual displacement of the nasal bone, and since it isn't a severe physical injury—more of a minor one, I suppose—you could always look into filing a private lawsuit. In the best-case scenario, he might just end up facing a fine, or you could try a civil suit for damages, though I guess the real question is how much money you could actually recover and whether you could even collect it once you realize the guy is based all the way out in Mexico... anyway, I suspect getting true satisfaction from the legal system will be pretty difficult, unfortunately. If I'm being honest, the only thing that would feel truly effective would be some kind of eye-for-an-eye approach... you know, a nose for a nose, or maybe a nose for four tires and a shattered windshield :-)

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