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  1. #1

    Question Attacked by a Truck Driver

    I was attacked by a truck driver with a steel pipe when I asked him to slow down as he passed in front of my house, but the police lost the pictures and have not filled a report. The attack occured in feb 0f 2007 and the man was supposed to be charged with malicious wounding by the grand jury but since the police did not turn in a report it must wait until next year, will this make it tougher to get a conviction and will it be more difficult to sue for damages? And shouldn't my lawyer have been with me in the previous court hearings and is it normal for him to say wait until he is convicted before we do anything? WV.

  2. #2
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    Default Re: Attacked by a Truck Driver

    It is not at all unusual to wait until after criminal charges are resolved before starting a civil action. The conviction makes the civil action easier to win, and you don't come across as a money-grubber (which is how the defense will attempt to depict you) if called as a witness at the criminal trial. Also, due to the defendant's Fifth Amendment rights, even if you file a lawsuit sooner it may be stayed (proceedings frozen) until after the criminal charge is resolved.

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