Lawsuits

Simple question, Should those involved in CCW actions sue the perpetrator (if alive) and their family( those that raised him or her) . Before being taken to court, on behalf of the perpetrator.

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Interesting thought, sort of like the race to call 911 and report, this would be the race to the attorney for Civil damages…loss of property (real or use of), mental duress, pain and suffering…hmmmmm :thinking:

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so basically you’re asking the question because if the family of the deceased or perpetrator that tried to attack you can sue you for damages and death, then you should be able to sue them basically for the same thing? Is that about right?

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Plus who is the real (law abiding) victim?
Aggressor. Or the aggrieved

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or claimed “he is a good boy!”. It is complicated, sometimes the family is the support structure for the thug, sometimes they are his victim, sometimes it is both. For example, I believe there are lawsuits that are brewing against the family which housed Parkland psycho.

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So, you’ve been attacked and had to defend yourself.
Then, you become the subject of a lawsuit, penalized for not ending up dead.

What’s the problem here, judges who entertain those lawsuits instead of tossing them in the trash bin?

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It became complicated when you threw in the ( if ) portion. “If” we both survive, perpetrator should be sued, but obviously has nothing that I can recoup. Could be a waist of time. Doesn’t prosecutor take care of that?
Every one is responsible for their own actions, you screw up, you suck up! No need to get anyone else involved unless they are directly involved. IE: get away driver.
“If” bad actor exits stage left. I won’t be waisting my precious time giving him a second thought!

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Maybe wait until you see how it plays out and then if their is a civil suit, countersue…??

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I expect George Floyd’s family to be bombarded with lawsuits, as they already made millions off his name and will have made more with book, movie and apparel deals. His crimes victimized a number of people, so it would be fair to sue.

In a civil suit, the question is not just “is this person somehow at fault”, but also “does this person have money or assets that belong to at fault party”

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While each scenario different, I would ask myself this…

“What am I trying to gain.”

Maybe hospital bills, maybe property damage, or whatever else may arise, I would make sure not to sue just got the heck of it.

Because it seems you are asking from standpoint of gaining leverage but would declare you already earned that. You are walking away with your life.

Again each situation brings a different outcome. If backed into a corner you might just have to for your-name-sake.

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The big difference here is should you or can you sue the perp or his/her family? The can you answer is usually yes. At least in Kentucky, you can sue anybody for any reason or no reason at all if you can afford the filing fees. If there is no reason, then you face backlash, including sanctions by the court. In order to legitimately sue someone, there must be some recognized cause of action against that person under either statutory or common law for say assault, battery, intentional or negligent infliction of emotional distress, to name a few along with probable cause to pursue such an action against the defendant. That is usually an easy answer for the attacker. It is much more difficult to go after family, even the ones that say he was a good boy and didn’t deserve this. A family is generally not responsible for the intentional or negligent acts of a family member. If the family members did not do anything wrong, then you miss on that first hurdle. You can, however, sue the estate of the person if they died. That leads to the next question
What are you suing for. A civil suit generally asks for monetary damages or equitable damages to enjoin or enforce a right. If the person is dead, then there is no equitable relief. If they are in prison, it is not much different and the criminal court will usually require no contact. As for monetary damages, If the person is in prison, the likelihood of the person having the ability to pay would be questionable. Is it worth pursuing. That is one thing every attorney will be looking at. If there is no one to pay, it is not worth going forward.

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Understand Floyds Family guy 25 mil.@
:us::us::us:

Them having money does not make them legally culpable for George Floyd’s actions or the actions of those who destroyed the cities after his death. If they are not legally responsible then a jury never gets to damages.

There would have been more reason to charge Michael Brown’s stepfather during the Ferguson riots in2014 when he said “Burn this motherf—er down” and “Burn this bitch down” for inciting riots.

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I’m with Mike! Nicely said!

I’ll add only one statement and it’s that sometimes or truly 80% of cases I’ve observed the plantiff didn’t even have a Legitimate reason to sue. It’s not about getting even which I believe is against the law here in Louisiana.

Like Mike said, who are you sueing? Are they truly at fault? Are you prepared to lose even if your case it solid?

Justice is the goal but sometimes Justice doesnt prevail due to some stupid technicality or not being prepared