Or not convicted. The burden of proof in a civil jury trial is far less than for a criminal one. The jury will likely be sympathetic to an injured child. I'm not a lawyer, this isn't strictly legal advise, just experience.
Is he going to have anything to collect if he gets convicted? Hopefully the guy will go to prison if he is guilty... garnishing prison wages doesn't go very far, and it might cost you more to sue him than you'd ever collect. You're more likely to have a fruitful civil suit if he's NOT convicted... Good luck with everything. Ed O.
There won't be wages to garnish, but any assets (like home/equity/stocks/bonds) can be taken. The lawyers won't do it pro bono or for a cut if there's nothing to be had.
Suing a drug using convicted child abuser is not going to be a high demand case for personal injury attorneys. Maybe if they could get insurance to attach (assuming she had home insurance). The boyfriend doesn't sound like a much better option . . . I can't see a quality PI attorney taking this case forward on hopes of being paid through garnished wages or standing in line in bankruptcy court. If you can get an good civil attorney to take the case, that's great. But I would continue to work closely with law enforcement. Also, many counties have victim's advocates who can help explain different programs for victims including the Victim Assistance Fund (help reimburse costs) and Victim Rights Bill. With the family matters, you might look into some legal clinics (ie St Andrews) . . . I would think this would be a case they would handle given the circumstances. My thoughts are with your boy . . . stay strong.
sure, for that. but not everything requires lawyers (i.e. simple forms). why pay someone $300 an hour to do that when you can get assistance from doing it yourself. lawyers love billing every email, call, letter, etc.
there seems to be several different aspects to his case. there is a lawsuit for medical bills for the injury sustained..depending on the amounts, it may be relevant in small claims, he'd probably win a default judgment because the other party won't show...that's capped off at what, $5-6k....depends really. I guess you can sue for damages but those will be hard to get, especially if they do not have money or assets. then there's the child custody. but he said: some of that, non-lawyers can really help you without you dishing out a few grand in legals fees (such as a service like that 800 number). it all depends on what legal services he really needs. i'm fairly confident he doesn't want to spend the next 8 months to a year in courts and spending thousands of dollars, which is what it looks like.
