It is rare that a person is injured during an armed robbery. Nobody ever thinks something like this could happen to them. The odds of being in a position for this to happen are low. What you should do is call one of our Morrow personal injury attorneys and see what they can do to help.
Most Personal Injury Cases Involve Negligence – Not Intent
For the most part, the personal injury cases we handle involve negligence of some sort. Many of our clients were hurt in a motor vehicle accident. Others were hurt in a slip and fall or workplace accident.
If you’re hurt during a burglary or armed robbery, your Morrow injury lawyer will try to prove intent – not negligence. It isn’t as if the robber mistakenly held up the convenience store or bank. They knew the risk they were creating.
When a Crime is Committed, Intent Will Be Presumed
In a case like this, it will be hard for the defendant to claim they aren’t responsible for your injuries. In fact, they’ll be so busy fighting criminal charges, they won’t even think about what happened to you.
The kind of person who would rob a store or business probably isn’t thinking about the innocent bystanders. They don’t realize, or don’t care, what could happen to someone like you. Their behavior is reckless, and it shouldn’t be hard to prove that.
Proving Fault Will Not Be the Biggest Hurdle for Your Morrow Personal Injury Attorney
In most of the cases our Morrow personal injury attorneys handle, they work hard to prove negligence. These cases typically involve an accident. By its very nature, these accidents were not intentional.
However, when you’re injured during the commission of an armed robbery, your Morrow injury lawyer won’t have a hard time proving fault. The problem will be finding a way to get paid damages.
Can You Still Sue the Culprit if They Are in Jail?
One concern some of our clients have is that they won’t be able to sue someone because they’re in jail. In Georgia, you can sue someone no matter where they’re residing. As long as you can serve them, you can file legal action against them.
Of course, if the defendant has been declared mentally incompetent, you will have to wait to file your lawsuit. Legally, a person cannot be sued in civil court unless they are mentally competent.
Your Morrow Injury Lawyer Can Sue the Defendant Even if They Are in Jail
What your Morrow personal injury attorney will do is file their complaint with the county court the way they normally would. They will indicate on your paperwork where the defendant is residing at the time you file your complaint.
The only hurdle your Morrow personal injury attorney will need to overcome is serving a copy of the complaint on the defendant. Georgia law requires you to serve a defendant with a copy of your complaint.
Georgia Civil Practice Rule §9-11-4 Allows You to Serve the Defendant in Jail or Prison
The good news is that, in Georgia, you can serve a defendant just about anywhere. According to Georgia Civil Practice Rules §9-11-4, as long as you can confirm where the defendant is residing, you can serve them properly.
What your Morrow injury lawyer will have to do is confirm which jail the defendant is being held at. As long as the jail is in the State of Georgia, you shouldn’t have any problems.
There’s a Good Chance Your Morrow Personal Injury Attorney Will Get a Default Judgment
In this type of case, or any case involving a criminal as a defendant, there’s a good chance you’ll get a default judgment. A default judgment is issued when the defendant doesn’t file an answer to your complaint.
Once the 30 days to file an answer are over, your attorney will file a motion for default judgment. Unless there are extenuating circumstances, your motion should be granted, and a judgment will be issued in your favor.
The Defendant May Claim Later That They Didn’t Have a Chance to Respond
At some point after the defendant is released, they may claim that they were never served. In fact, they may argue that they have no idea who you are. They may ask the court to vacate the default judgment and let them have their say.
As long as your Morrow personal injury attorney can prove they properly served the defendant, this should not be a problem. Even if the judge grants their request, it shouldn’t be difficult to win your case.
Your Bigger Problem Will Be Collecting the Judgment from the Defendant
Unfortunately, the worst part about being injured in an armed robbery is that you may never see a dime from the defendant. The kind of person who would rob a store is not the kind of person who cares about their credit.
Unless the defendant cleans up their life and wants to take care of the judgment, there may be no hope of your getting paid. However, our Morrow injury lawyers have seen this happen. At some point, the defendant may want to buy a car or house. They’ll have to pay the judgment to do that.
Your Judgment Will Stay on Record for 7 Years
In Georgia, your civil judgment is good for seven years. However, you can extend this time. According to Georgia Civil Practice Rule §9-12-61, your Morrow personal injury attorney can ask for a renewal of the judgment.
If your request is granted, your judgment will be on the books for another seven years. You may even be able to renew it a second time. It all depends on the facts of your case.
Your Morrow Personal Injury Attorney Can Renew the Judgment with the Court
If your lawyer does file a motion to renew the judgment, you’ll have additional time to collect money from the defendant. Who knows what may happen over the next fourteen years.
If the defendant ever wants to make a major purchase or sell property, they’ll have to pay you off first. Your attorney can even attempt to attach their wages or bank accounts if they get released from jail.
Call Our Morrow Injury Lawyers and Schedule Your Free, Initial Consultation
If you’ve been hurt during the commission of a crime, you have rights. You can come into our office and meet with a Morrow injury lawyer to find out what these rights are. We offer all new clients a free, initial consultation.
Depending on the facts of your case, there’s a good chance you’ll be entitled to damages. Your Morrow personal injury attorney will fight to get you the compensation you deserve.
