marty wrote: ↑
Jul 10, 2018 4:00 pm
2 guys decide to fight. They go outside and fight. One guy suffers a broken finger. Other guy suffers a broken toe. After the fight both guys are still friends but pretty unset about the damages to their hand and foot. After the hospital, x-rays, and doctors, they are a bit mad at each other. Damages to the one guys finger and other guys toe are pretty serious. Foot injury guy will probably never be a Olimpia track star. And he might be limping for the rest of his life? Guy with broken finger might have to spend the rest of his life picking his nose with his other nine fingers? Both guys decide that they should sign a paper stating that they both will not call the police and will not press charges against the other. Paper also says that they will not sue each other for damages till the end of time.
What would a paper like this be called? Where to find a paper like this? I am real good at copy and paste.
In the state of Nevada, this crime would be called a "mutual affray, and being that the cops didn't respond to it, an investigation with a criminal complaint to follow would not happen. If either party wanted to pursue the other party with criminal charges, neither party could testify on the stand if they both wanted to exercise their 5th amendment right to remain silent. Only a complete idiot would open himself up for cross examination on the stand by not exercising his right to remain silent. All that said, the parties involved could go after each other in a civil small claims court action for restitution for medical costs. In other words, tough guy A with the broken finger could sue tough guy B with broken toe for medical restitution. However, tough guy B could file a "counter small claims suit against tough guy A for his medical costs as well. The most likely out come is the Judge would rule in favor of both parties and each would get stuck with the others' medical bills restitution. The best advise I can give you, based on the reported circumstances is, both parties shut the fuq up and move on with their lives. Glad I could help. BTW, I am not a lawyer, but I have 21 years behind the badge of Law Enforcement experience and have dealt with this type of situation numerous times. My input is solely based on my observations and experiences.