assault case advice

Corrigan

A friend and I were at a nightclub and my friend got his nose broken for no reason,its all on CCTV footage as an unprovoked attack.He needs Reconstructive surgery now, We are only 17 and the guy who hit him is 20,is my friend entitled to compensation from the attacker despite being in a nightclub underage?? what will happen to the attacker in question?

michael999999

have you been to the guards and a solicitor?

Corrigan

we rang the Guards after we came from casualty and they told my friend to go in and make a statement tonight at 10 so i think he is gone in now....any ideas as to what will happen? i was a witness will i be called?

michael999999

If as you say its all on camera its a pretty open and shut case usually.you will all have to give the guards statements. After that It all depends on whether he pleads guilty ,if he does no witnesses are usually called. All depends on the judge as to what punishment he gets really. Anything from a fine to jail.

amdublin

Corrigan wrote: »

A friend and I were at a nightclub and my friend got his nose broken for no reason,its all on CCTV footage as an unprovoked attack.He needs Reconstructive surgery now, We are only 17 and the guy who hit him is 20,is my friend entitled to compensation from the attacker despite being in a nightclub underage?? what will happen to the attacker in question?

Compensation for what

Corrigan

okay thanks just wanted to see what could happen.! his surgery and A&E visit will be very expensive so thats what i meant by compensation

coylemj

You need to go through the criminal (Gardai) process before you can sue the guy for damages in a civil case.

blueythebear

Corrigan wrote: »

okay thanks just wanted to see what could happen.! his surgery and A&E visit will be very expensive so thats what i meant by compensation

If your friend is only worried about medical expenses it might be an idea to immediately apply to the Criminal Injuries COmpensation Tribunal. They will award compensation for any vouched expenses arising out of the assault. Details availble on the Department of Justice website...

s3129

Being in the nightclub underage will be ignored as it is not the issue being raised..

coylemj

You didn't say if the attacker was arrested on the night or if you or anyone else knows his identity?

johnnyskeleton

coylemj wrote: »

You need to go through the criminal (Gardai) process before you can sue the guy for damages in a civil case.

No you don't.

Sempai

if it does end up in court and the offender is found to be guilty, the judge may order him to pay compensation and/or pay for medical costs.

Corrigan

we know who it was and it was reported the same night but the guy disappeared but the gardai have his details he is well known in the area...

krd

What's the chance of a prosecution or compensation, if both parties had been drinking?

Corrigan

drink was involved on both parts but it was unprovoked

Wolfe Tone

Could legal action be taken against the club? After all you were 17 and should not have been allowed in. Fake ids?

Mr Magners

A I right in thinking that it's only illegal to be drinking on the premises and not illegal to be there?

coylemj

Wolfe Tone wrote: »

Could legal action be taken against the club? After all you were 17 and should not have been allowed in. Fake ids?

You mean the OP's friend should sue the club for letting him in because if they had observed the law and refused him entry he wouldn't have been assaulted?

That's the type of logic that works in places like Saudi Arabia where when an ex-pat is involved in a traffic accident with a local, the local is always in the right on the basis that if the ex-pat hadn't come to their country in the first place, the accident wouldn't have happened.

I don't think that kind of logic is applied in our legal system. In this country you can join the army at 17 and you can end up with a gun with live bullets in it so at 17 the guy can hardly say he was a complete innocent and not able to look after himself plus he did go into the nightclub of his own free will.

Corrigan

we werent asked for id going in as the bouncer knows us well....we were never in any trouble there and all the staff are very helpful with us ....... we didnt use fake IDs...he was in with the guards and they said it to him about being underage and nothing was said as he just said he is in full time employment(which he is) and pays his taxes and the guards said nothing to him