I was attacked by my neighbor in July of 2014 and I want to sue him for hospital bills and lost time from work, where do I start

Lawsuits And Disputes 2 views 2 answers
I have no clue in how to start this process, will I need a laywer and will he or she charge me upfront or only if I win the case?

Attorney Answers

2
Robert Vance SalterDivorce / Separation LawyerWheat Ridge, CO ·
You either need to retain an attorney or you need to educate yourself because if you file without an attorney then YOU are the attorney and will be expected to know and do everything necessary to prosecute your case. An attorney might be willing to take your case on a contingency basis (you only pay out of what you win), but there are two issues. First, are your injuries severe enough so that a judgment is likely to be large? An attorney cannot afford to do work for you for a small percentage of a small judgment. It just doesn't work. In that case, you would need to pay a lawyer as you go if you want someone to assist you. Second, and more important, does the Defendant have insurance that will cover the claim or a lot of income and assets such that it will be easy to collect a judgment with little risk he will file bankruptcy. This is often a problem for assault cases. People who go around attacking their neighbors often are not very successful in life and while you might be willing to take a gamble on principle in hopes that you might eventually collect something, an attorney needs some degree of certainty in order to invest time and money in someone else's case. If you damages are $7,500 or less, you can file in small claims court. Small claims court is designed for people without attorneys and has relaxed standards for pleading and evidence. If your seeking much higher recovery, then you probably will want to work with an attorney as cases in higher courts are more complicated to pursue. Many personal injury attorneys will offer a free consultation to discuss your case and may be willing to handle your case with no money up front if you can address the issues outlined above.
0 upvotes
Michael A. WattsCriminal Defense AttorneyColorado Springs, CO ·
Mr. Salter's analysis is spot on. If this is something you truly want to pursue, consult with an attorney, who can then get the ball rolling with reporting an insurance claim, etc. Good luck.
0 upvotes

People Also Asked