Do I have a case?

[ceecee79]

Opinions please....

Do you think I have a winable case for emotional distress, lost wages, Rx and Dr expenses....

I posted a few weeks ago about my neighbors shooting through the walls of my house, but if you didn't read, here's a brief refresher...

My family and I were asleep and then BANG, heard gunshots, when we got up, we saw a hole in our bedroom wall. Called 911, police were at my house for 4 hours, they found other bullet holes in my daughter's room, and even one in her mattress, while she was asleep in her bed. Both neighbors were arrested on felonies. After that, I could not sleep. I had to go to an urgent care doctor, hoping to get something to help me sleep, but they gave me some kind of nerve pills (Clonazepam) and referred me 2 a psychiatrist. Those pills did not help me sleep, so I went to the shrink. He has given me Lunesta, and told me I have "adjustment disorder" which is difficulty adjusting back to my normal schedule after a traumatic event. He asked me if I had considered a lawsuit, and I had not at that point, but the more I think about it, I am. I lost 4 days of work because I could not go in because my job requires much attention to detail, which I could not do in my zombie state. My daughter needs a new mattress, and I know that won't make her forget, but at least she won't have to look at the bullet hole in her current one, and I have now paid quite a bit for doctor visits and Rx meds. I feel like if this had not have happened, I would not have been out of pocket for all these expenses at Christmas.

So, do you think I have a case against these neighbors, for the issues I had after the event. Should they be liable for my lost wages, Rx's, doctor visits, and a new mattress? I have heard of emotional distress awards, but am not sure what the qualifications are for this.

[cm8883]

I'm pretty ignorant of the law, but I do know that most attorneys will meet with you one time (for free) to discuss what happened and see if you do have a case.

[birdgirl73]

In theory, it certainly seems like your complaint has merit, at least in terms of your post-traumatic adjustment or your post-traumatic stress disordered reaction. But normally the next question before someone begins thinking seriously about taking plantiff's action against a defendant, in this case your neighbors, is whether or not there'd be anything to go after. That is, do those people have the money to cover any damages or pay a settlement? And do you have the money to pursue plaintiff's action until it's either settled or goes to court? It sounds like those are the more burning questions. In the long run, assuming your neighbors weren't millionaires with lots of liability insurance, you might do better to work with someone to help you get over the traumatic adjustment issues so you can get back to your normal level of functioning.

These days in our country, people pretty well have to be rich, both to pursue plaintiff's action or to defend it/settle it. Anyone can sue anyone, but in this case, again, unless your neighbors are very wealthy, you're apt to receive a judgment in your favor but see no recompense for any damages.

[FlyGuyOU]

thats some scary shit, any word on why this all went down in the first place? So glad nobody was shot

[killerweed420]

I'm sure you could win a civil case but felons? How much money do you think they have?

[quietone25]

I think you have a very strong case and a civil suite is in your corner.

[Austin.Texas.Kush]

Wow people are always so quick to sue, how about you go next door talk to them, if necessary kick their ass.

[killerweed420]

Wow people are always so quick to sue, how about you go next door talk to them, if necessary kick their ass.
Or just get a bigger gun and shoot them?
I don't think most felons are too interested in talking stuff like this out. Thats been my experience anyway.

[ceecee79]

Wow people are always so quick to sue, how about you go next door talk to them, if necessary kick their ass.

I don't really think there was too much to talk about. They almost killed us, and were given a 48 hour notice to vacate by our landlords, which they did follow, so they are gone now. The male did come over to my house the following Thursday to "apologize", but I did not consider it much of an apology. He basically just said he was sorry, they were drunk, if he was in his right mind he would have come over to check if we were okay, or called the police himself, but instead, they just turned out the lights, so I did not take this apology as very sincere.

As far as kicking ass--I am female, obviously these people have guns, and I do not, plus I am female, so I didn't think a confrontation was in anyone's best interest. I probably would have given them a reason to shoot me.

And as far as the people not having any money, I have considered. I know the male worked for the city, the female did not work at all, but I have also been thinking about contacting one of the court TV shows, because I think the producers of the show pay any judgement, and I would not cost me anything. This would let them off the hook financially, but at least they would be embarassed on TV, and they do have a criminal case pending, so if the felony charges stick, I will be happy.

[gottasmoke]

you say felon like a stereotype.im a felon but only cuz of crooked cops and weed.

[gottasmoke]

and i promise i'd sooner sit down and talk it out than have to resort to violence.

[FlyGuyOU]

i know a kid who got called to judge judy, they flew him out and give you booze, food, i heard that all the money just comes from some fund too. might be the way to go

[ceecee79]

I know there are many people who have felonies on their record that may not be deserved, and I'm not trying to sterotype these people at all. As a matter of fact, the people in my situation do not fit the sterotype of people who would shoot up a house.

I found it ironic that the 1st question many people asked when they found out what happened was "what race were these people" (not on here, but in NC, where race is still a big issue) and they were white. I had people assuming they were black or hispanic, but I guess that's just the norm here. There are crazy people of all races; insanity does not discriminate.

I am in no way bashing felons in general, there are always other factors to consider, but I also want to make sure these 2 do get convicted of felonies for their actions, as some form of punishment. The female was 18 and the male 21, so they have a long life ahead of them, and I think a felony conviction would be a good lesson for them to learn.