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Drunk Driver resulting to injruy

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1 Drunk Driver resulting to injruy on Tue Jun 27, 2017 8:05 pm

J0ck3r


Arresto Menor
My father in law was driving his motorcycle when some group of guys bumped into him and fractured his leg.

It happened in front of many witnesses and there were detained in jail for a day. I heard they've been released earlier today. I was told we already filed a police blotter.

There were three people riding in a motorcycle, they were drunk and the driver had no license.

As far as I can see this seems like this is a winnable case, but I want to avoid a trial as much as possible(attorney fees) but if that is the only choice then I'd do it.

1.) Why was it that they were released? Is it because we didn't file a case? Even though police already determined that they were drunk at the time of the accident?

2.)I want to mediate this as much as possible. Is there a proceeding that would be on the books but without an attorney? Or at least a way we can do this this before a trial/court proceeding?

3.) In this case, is threatening to sue considered blackmail?

4.)One of the things we really want is for the offenders to pay for damages to the motorcycle and hospital fees. And if it has to come to it legal fees as well. Is this possible?

Thanks in advance.

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2 Re: Drunk Driver resulting to injruy on Wed Jun 28, 2017 1:09 pm

xtianjames


Reclusion Perpetua
1. yes, if there is no case filed, then there is no reason to keep them.

2. you still need to file your case first. it will be upto the aggrieving party if they will want to settle out of court.

3. yes its possible. better to sue them and let them come to you rather than chase them and throw threats at them.

4. it will depend on either the agreement on the mediation or verdict of the court.

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3 Re: Drunk Driver resulting to injruy on Wed Jun 28, 2017 4:09 pm

Jadis

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Reclusion Perpetua
1. They were released because no information has been filed against them in court yet within the required period. If the police kept the men there, they might be criminally liable for either unlawful arrest or arbitrary detention, depending on the circumstances that you did not narrate.

2.You can always settle with them, there's no law that prevents you from settling out of court. Whether they will agree to your terms is another matter, that's why cases are filed in court in the first place.

3. Well, it is not always the threat of suit when you have legal cause that is criminal as the manner in which you do it. Going to their workplace, telling their bosses, telling their families, waiting outside their residence, phoning and texting repeatedly at odd hours, that sort of thing might be actionable.

4. Courts are very conservative in awarding legal fees, especially attorney's fees. Usually parties handle the costs of litigation.

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