If I was a victim of aggravated stalking and criminal mischief to my car, what can I legally accept for damages?

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If I was a victim of aggravated stalking and criminal mischief to my car, what can I legally accept for damages?

The brother of the prosecuted offered to pay for all damages if I drop the charges and I told him yes. I got my car back from repairs and the total charges to repair the car was $670 but my insurance deductible was only $250. I believe I should still get the full $670 due to mental anguish and considerable amounts of time wasted dealing with this whole thing. Am I allowed to ask for this from the brother or is this considered extortion? I don’t know if I should consult a lawyer or not.

Asked on June 4, 2015 under Criminal Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your property damage claim should be for the total cost of repairs to your car ($670) regardless of the fact that insurance paid part of it.

Your claim for intentional infliction of emotional distress is separate from the property damage.  Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which did cause you emotional distress.  You could file a lawsuit for intentional infliction of emotional distress and invasion of privacy regarding the stalking.  Intentional infliction of emotional distress and invasion of privacy are separate causes of action (claims) in your lawsuit.  If you decide to pursue this lawsuit, it would be advisable to be represented by an attorney.

If you are only going to resolve the property damage for $670, you don't need an attorney.


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