Can You Sue Someone Who is in a Psychiatric Hospital

[victim789]

My question involves civil law for the state of: TN

i was shot in the face in TN and the offender was charged with not guilty because of insanity.

can you do a civil action at someone who is in a psychiatric hospital?

if i do, would the state pay it since they are the "guardian" at the moment, or would the money be garnished from his paycheck when he is released from the mental hospital?

the offender is an invalid with no assets, but was under mental-treatment (was not taking his mental-affecting pills and was on alcohol at the time of the shooting) at the time of the crime.... is the state hospital that was medicating him in any way responsible? or is the offender singly responsible for his own actions of shooting me?

should i file a civil suit in small claims court (max $15,000) or sue for what i feel damages are , which is closer to 30 million (damaged vision and much suffering) in big court?

[Antigone]

My question involves civil law for the state of: TN

i was shot in the face in TN and the offender was charged with not guilty because of insanity.

can you do a civil action at someone who is in a psychiatric hospital?

if i do, would the state pay it since they are the "guardian" at the moment, or would the money be garnished from his paycheck when he is released from the mental hospital?

the offender is an invalid with no assets, but was under mental-treatment (was not taking his mental-affecting pills and was on alcohol at the time of the shooting) at the time of the crime.... is the state hospital that was medicating him in any way responsible? or is the offender singly responsible for his own actions of shooting me?

should i file a civil suit in small claims court (max $15,000) or sue for what i feel damages are , which is closer to 30 million (damaged vision and much suffering) in big court?

You can sue but don't count on much. The state is not responsible for his debts.

[KeyWestDan]

I would sue. No telling what might happen in the future, such as inheritance, a civil suit against the facility for something, and there are various other ways people luck into money. I would even go after his canteen money if someone is sending him money. I would make his life as miserable as legally possible. In addition, he could be found sane and get out at some point at which time his financial situation would change. You can collect on a judgment for 20 years or more.

Small claims would be the easiest, but I doubt they would accept jurisdiction, personal or subject matter.

You would never win 30 mil against any defendant. Going with a major civil action will cost plenty, even pro se. No attorney would do it on contingency.

You don't want the statute of limitations to slip away on you and then find out he came into some money at some future point when it will be too late to do anything.


There is no liabillity on the part of the state.