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I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

http://www.capitol.state.tx.us/tlodocs/ ... 00378F.HTM" onclick="window.open(this.href);return false;

I also think there's some protection for the homestead from civil suits but I didn't stay at a Holiday Inn Express last night, so check with your attorney.

.

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

CIVIL PRACTICE AND REMEDIES CODE
CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

Also, you might want to consider a pre-paid legal service like one of these:

http://www.chlpp.com/" onclick="window.open(this.href);return false;
http://www.concealedcarrylegal.com/" onclick="window.open(this.href);return false;
http://www.[Pre-paid legal service].com/chl_details.php" onclick="window.open(this.href);return false;

I hope I never have to use it for a CHL shooting (or anything else like that) but I joined TLPP a few months ago and I have already used it to save TON of money to have an attorney redo my families wills etc.

http://www.tlpp.org/" onclick="window.open(this.href);return false;

When an attorney friend recommended it to me it really sounded too good to be true, but after some research I joined and after paying 1 months dues ($14) my wife and I got new wills, durable POAs, medical POAs, living wills, etc. It also works if I ever get arrested for anything. Criminal defense within the state of Texas, document review, 4 hours per year of general attorney time, lots of other attorney stuff.

It only works in Texas, but for $14 per month is seems like a great deal to me already with just my new will in hand!! Plus, I got to pick my attorney and its the same guy I would have used without the insurance but now they pay him for dealing with me. =)

I have [Pre-paid legal service] and CHLPP both. The reason for this is that [Pre-paid legal service] only covers incidents in Texas, both criminal and civil. CHLPP covers criminal cases in any state that has reciprocity with Texas. Not a small amount of money, but well under $300 a year, and well worth the piece of mind.

RJ

JJVP wrote:

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

CIVIL PRACTICE AND REMEDIES CODE
CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

Also, you might want to consider a pre-paid legal service like one of these:

http://www.chlpp.com/" onclick="window.open(this.href);return false;
http://www.concealedcarrylegal.com/" onclick="window.open(this.href);return false;
http://www.[Pre-paid legal service].com/chl_details.php" onclick="window.open(this.href);return false;

Does this "CIVIL IMMUNITY" INCLUDE if you injure or cause death to a Bystander ?
I understand the person that commits the crime can not file Civil suit, but how about a bystander ?

I'm still not clear on it.. The reading above could be "force that is justified" for on the BG ?

BAT

bat1 wrote: Does this "CIVIL IMMUNITY" INCLUDE if you injure or cause death to a Bystander ?
I understand the person that commits the crime can not file Civil suit, but how about a bystander ?

I'm still not clear on it.. The reading above could be "force that is justified" for on the BG ?

BAT

Pretty sure shooting an innocent bystander is never a justified use of deadly force and thus would not be covered.

bat1 wrote:

JJVP wrote:

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

CIVIL PRACTICE AND REMEDIES CODE
CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

Also, you might want to consider a pre-paid legal service like one of these:

http://www.chlpp.com/" onclick="window.open(this.href);return false;
http://www.concealedcarrylegal.com/" onclick="window.open(this.href);return false;
http://www.[Pre-paid legal service].com/chl_details.php" onclick="window.open(this.href);return false;

Does this "CIVIL IMMUNITY" INCLUDE if you injure or cause death to a Bystander ?
I understand the person that commits the crime can not file Civil suit, but how about a bystander ?

I'm still not clear on it.. The reading above could be "force that is justified" for on the BG ?

BAT

Remember, civil immunity does NOT mean you can't be sued. It means it *should* be dismissed fairly quickly, but it can still cause you an expensive headache.

It also does not protect you from injury to a bystander.

Brian

BrianSW99 wrote:

bat1 wrote:

JJVP wrote:

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

CIVIL PRACTICE AND REMEDIES CODE
CPRC CH. 83. USE OF DEADLY FORCE IN DEFENSE OF PERSON
CPRC § 83.001. CIVIL IMMUNITY. A defendant who uses force or
deadly force that is justified under Chapter 9, Penal Code, is immune
from civil liability for personal injury or death that results from the
defendant's use of force or deadly force, as applicable.

Also, you might want to consider a pre-paid legal service like one of these:

http://www.chlpp.com/" onclick="window.open(this.href);return false;
http://www.concealedcarrylegal.com/" onclick="window.open(this.href);return false;
http://www.[Pre-paid legal service].com/chl_details.php" onclick="window.open(this.href);return false;

Does this "CIVIL IMMUNITY" INCLUDE if you injure or cause death to a Bystander ?
I understand the person that commits the crime can not file Civil suit, but how about a bystander ?

I'm still not clear on it.. The reading above could be "force that is justified" for on the BG ?

BAT

Remember, civil immunity does NOT mean you can't be sued. It means it *should* be dismissed fairly quickly, but it can still cause you an expensive headache.

It also does not protect you from injury to a bystander.

Brian

[youtube]http://youtube.com/watch?v=K7qEgs1BHa0[/youtube]

More:
FAQ: Lawyers, Pre-paid Legal, CHL Insurance

BrianSW99 wrote:

Remember, civil immunity does NOT mean you can't be sued. It means it *should* be dismissed fairly quickly, but it can still cause you an expensive headache.

It also does not protect you from injury to a bystander.

Brian[/quote]

+1

While I believe that Texas law seems to be favorable to a person who might have to use deadly force in self defense encounter for example in certain situations the words "presumed to be reasonable" are used, no one is justified per say, but we are found to be justified.

If we are found justified, it is much more difficult for the civil law suit to be successful. Dont be mistaken, you can still be sued but your attorney can file paper work that should end the suit.

As always it is better to avoid the whole confrontation in the first place.

An afterthought, my wife and I have [Pre-paid legal service].



be armed, be trained, be safe.

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

Follow the universal gun safety laws. ;)

gigag04 wrote:

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

Follow the universal gun safety laws. ;)

gigag04 says it all in a nutshell. I assume he includes, in this context, possibly the most important gun safety law: "Always be an intelligent, knowledgeable and responsible gun owner and user."

Elmo

Shandy Hale wrote:I pray it never happens but if I had to shoot an individual to legally protect my family from immediate harm, how do I protect my family from losing house, home ,etc. from civil suits?

1.) Be sure of your target and what is behind it.
2.) Don't miss.