How to Sue Over an Assault Case

[initials]

My question involves an injury that occurred in the state of: north carolina

i was assaulted in my own home,and owe medical bills because of it and i am now being stalked at work. i didn't see a assault and battery forum so im sorry for posting this here. but i dont know what exactly to do or who to speak to about resolving my dept from injury and being stalked.

[Foster_Foster]

I'd like to think that you've contacted the police. That goes without saying, correct? As for "how to sue", no one can really walk you through that. If the person's financial obligation to compensate you isn't made clear in a criminal prosecution, then you'd have to decide whether small claims would do the trick.

[initials]

I'd like to think that you've contacted the police. That goes without saying, correct? As for "how to sue", no one can really walk you through that. If the person's financial obligation to compensate you isn't made clear in a criminal prosecution, then you'd have to decide whether small claims would do the trick.

i was going to get a restraining order on him but before i do that i wanted to know what all i should do first before proceeding. chargers were never pressed, the police officer that day said how the incident sounded we both would be arrested, i just wanted to forget about it all, but now that hes coming to my work and where i am in the building, i wanted to do something about it.what is and how would i go about doing a small claim?

[Who'sThatGuy]

You tell us the police officer said "how the incident sounded we both would be arrested". Well then explain what happened, because if your partially at fault, you may be counter-sued. You may be held liable for the other party's injuries.

File for a restraining order first. Get the ball rolling on keeping the other party from coming into contact with you. If he breaks the restraining order, it helps support your case.

There are filing fees for small claims court (call the clerks office for the fee amount) as well as a $15.00 fee so the defendant can be served with the Summons and Complaint in order to have your case heard in small claims. How much money have you spent out of your own pocket on medical bills from this assault? If medical insurance has picked up any bills, you can't claim that as a loss in small claims. Are any of your outstanding medical bills from this assault going to be paid partly or in full from an insurance carrier? If so, there not recoverable in small claims.

[Mr. Knowitall]

It's my understanding that North Carolina applies the collateral source rule, such "that a tort-feasor's liability should not be reduced by compensation received from an independent source by the plaintiff." White v. Lowery, 84 N.C. App. 433, 436, 352 S.E.2d 866, 868, disc. review denied, 319 N.C. 678, 356 S.E.2d 786-87 (1987). That is to say, they appear to follow the traditional rule that the defendant should not get a break from paying for the damage he causes merey because the plaintiff had the foresight to buy insurance. Note, however, that the insurance company likely has contractually reserved the right to recover what is has paid from any tort recovery from the incident underlying the treated injury.