Considerations for civil case following an assault.

consultech

In the hypothetical scenario: All the facts are available to the Gardaí, including witness statements, positive ID's etc. It would presumably be a very straightforward criminal prosecution.


However, in general, what factors need to be considered before pursuing a civil case against multiple perpetrators of a random assault? What would you sue for? I suppose one of my main questions is: Would it make much sense to go after a couple of random scumbags if they have no assets etc? Would it just end up costing money in the end, or would a judge pretty much compel them to find money, or face jail etc?


I hope this makes more sense upon your reading of it...

detective

consultech wrote: »

All the facts are available to the Gardaí, including witness statements, positive ID's etc. It would presumably be a very straightforward criminal prosecution.

In this hypothetical situation I am presuming from the above quote that the matter would be currently with the Gardaí. I am also presuming from the above quote that it hasn't been completed in the criminal courts yet. If the answer to these two questions is yes then no civil proceedings will commence without the criminal proceedings ending. It isn't uncommon at all in these situations for a criminal district court justice to award damages to the alleged victim. The Judge will then remand the case for a few months in the future... if the alleged perps haven't paid up they will generally be sent to prison, if they have paid up then they won't be. Don't worry about a civil case until you know what direction the criminal case is taking. If this hypothetical injured party has the spare money though it would be worth consulting a decent solicitor.

You are pursueing them purely for money ?

consultech

RoverJames wrote: »

You are pursueing them purely for money ?

Hypothetically - if it were me - No, I would be looking to have a sentence imposed first and foremost, but would put value on a monetary award too.

PCPhoto

in a this type of civil action you are trying to get compensation for the assault - so if they have no assets or know the legal system (which most scum normally do !! - thanks to legal aid solicitors giving them as much advice as possible)....

so in theory if you are awarded money - you may need to go back to court to get orders compelling them to pay or make arrangements to pay - and could expect payments like €10 a week for a number of years (and you will still be expected to pay your solicitor before any payments are received)

if you do take a civil action (and my advice is to take the action anyway) - try to get your solicitor to ask for a statement of means - and list of any assets.

NOTE: This is not legal advice - just my opinion.

Our man in Havana

If the perps are on Social Welfare and live in a council house, you are on a hiding to nothing trying to get money out of them. A court would at best order them to pay €5 a week if you were lucky, in many cases a court could refuse to make an order where the person is in receipt of welfare.

Goesague

PCPhoto wrote: »

if you do take a civil action (and my advice is to take the action anyway) - try to get your solicitor to ask for a statement of means - and list of any assets.

NOTE: This is not legal advice - just my opinion.

You cannot ask for a statement of means in a civil action. You can ask for one when you move to enforce the judgment, after the case has been decided.
In an assault situation, the defendant will be told before the hearing of the criminal case that if he pleads guilty and offers a substantial sum he will avoid prison. If he has any money at all or can raise it and wants to avoid prison or at least reduce the sentence he will come up with money. If he can't or won't at that stage he is never going to pay up following a civil action.