Assault Claim

Modified-IRL

Hi all

Whilst i was away with the lads for my birthday during the summer we went to visit a friend in Tyrone..

Everything was great til we went dancing in this big nite club, there was a guy stealing drink from our table and 2 of the our mates confronted him for him to deny it and call his friends to our table, now there was 8 of us and 5 of them..

Now i wasnt looking for a row, i stepped in to tell the "accused" to walk away and leave it, then my mate pushed him and the bouncers intervened and all was ok for a minute or 2 then i told the guy look just forget about it, i turns my back and he throw me a sneaky dig to my face, knocks me flying and i end up with a bloody nose and since my visit to the dentist a fracured front tooth that needs removing, delighted as you can imagine!!

Now the thing is, does anyone know if i have a case ??

Surely the bouncers knew there was tension in the air and should have moved one of the groups, i made a statement in the occurance book on the night but never reported to the cops...

All i want is my medical expences paid in total...

Sempai

You did have a case alright, but the fact that you didn't report it to the police at the time will not work in your favour. I doubt there's cctv at this stage, unless they made a copy as a result of putting it in the occurrence book and doubt if any of the bouncers would be willing to make a statement. So now it's your word against this other guy, that's if you or your friends were able to identify him.

If you want to pursue it as a civil matter to claim medical expenses, you'll have to speak with a solicitor.

MagicSean

Did you get the identity of the other person. I get the impression you think the club should pay your medical expenses.

ResearchWill

Just in case you live in the Republic you will have to go to a NI solicitor. If NI is anything like England and Wales expect a much smaller award than in the Republic.

sparkling sea

I think you might have alot of trouble proving liability with this one and there is no certainty that you'd get anything. Its not simple, Id leave it go if I were you

source

Op you've left it too long for there to be any valuable evidence left, chances are the bouncers will have no recollection of the incident, the CCTV footage will be gone (most places keep it for a maximum of 3 months and a minimum of 1 month) and you've no way of identifying the person who assaulted you.

Reporting it would result in a dead end case which will go nowhere and not have the result you're looking for.

Modified-IRL

I had reason to report it to the police nor did i want to sue, but i've been putting it off going back to the dentist til now as i cant deal with my front tooth much longer!

Im gonna see a solicitor and see how goes my case, i guess my only choice is to get the premises to pay out if thats my only option considering there security neglected a situation that needed to be dealt with there and then!!

Im from Kildare so gonna be difficult for me to track down the guy who done it and a suitable solicitor if i have to go via NI courts ??

My dentist says i need an implant which will cost an excess of 3k :eek:

Delancey

I have to agree with the advice given here that what prospects you had of mounting a successful claim have pretty much evaporated given the time delay.
Waste of time and ( your ) money IMO.

MagicSean

Modified-IRL wrote: »

I had reason to report it to the police nor did i want to sue, but i've been putting it off going back to the dentist til now as i cant deal with my front tooth much longer!

Im gonna see a solicitor and see how goes my case, i guess my only choice is to get the premises to pay out if thats my only option considering there security neglected a situation that needed to be dealt with there and then!!

Im from Kildare so gonna be difficult for me to track down the guy who done it and a suitable solicitor if i have to go via NI courts ??

My dentist says i need an implant which will cost an excess of 3k :eek:

If anyone is responsable it is the fella who hit you or even your mate who started the fight. I can't see how you could sue the venue for your misbehaviour.

Modified-IRL

Well i've been onto Claims.ie and they say yes i should've called the psni but i wasnt to know as im not a NI resident and laws in the ROI differ, they reckon i have a case, see how this progresses!!

tuxy

No matter what country I was in I would go to the police ASAP after an assault.

Delancey

How anyone can claim that because you were in N.I. that you '' weren't to know '' you needed to go to the Police is quite beyond me.

slimjimmc

Unless you reported the incident straight away at the time where is the evidence that the dental work you want now (many months later) had anything to do with that specific assault?

ResearchWill

slimjimmc wrote: »

Unless you reported the incident straight away at the time where is the evidence that the dental work you want now (many months later) had anything to do with that specific assault?

As the OP said "i made a statement in the occurance book on the night but never reported to the cops..." So there is a statement to the night club in question. Which is necessary will have to be handed over in an request for discovery.

The evidence would be that given by the OP to the Court, it is up to the Court to decide if it is believable. But it often happens that people have incidents forget about them never report them and only later when they get pain in their back or in this case tooth that they decide to take an action in the ROI you have 2 years to instigate a case.

Modified-IRL

Like i had stated im not one to complain or seek compansation but the simple matter is, my dental fee's are gonna cost me over 3k as i need my front tooth replaced, i dont have a criminal record nor am i known to Gardaí...

Both my dentist will have evidence aswell as the Niteclub i was in, obviously they wont have CCTV evidence but there books will have my statement and if that even covers my medical fee's i'd be happy, as i'd rather not be outta pocket for some scumbag assaulting me!!

blueythebear

Modified-IRL wrote: »

Like i had stated im not one to complain or seek compansation but the simple matter is, my dental fee's are gonna cost me over 3k as i need my front tooth replaced, i dont have a criminal record nor am i known to Gardaí...

Both my dentist will have evidence aswell as the Niteclub i was in, obviously they wont have CCTV evidence but there books will have my statement and if that even covers my medical fee's i'd be happy, as i'd rather not be outta pocket for some scumbag assaulting me!!

http://www.dojni.gov.uk/compensation-agency/

Have a look at this website. Government agency that compensates persons injured as a result of criminal acts. I'm familiar with the Irish Criminal Injuries Compensation Tribunal and I'm presuming similar rules would apply so you could get compensation for dental bills.

Delancey

Given the failure to notify the Police the OP has 2 chances of Criminal Injuries Compensation - slim and none.

blueythebear

Delancey wrote: »

Given the failure to notify the Police the OP has 2 chances of Criminal Injuries Compensation - slim and none.

Ah thought he had said that he made a statement to the police. Upon a second reading, it seems it was a statement made in the particular club...Failure to report the matter within a reasonable time = application refused.

Modified-IRL

I know everyone here is given help & advice etc

But i'll go with what my solicitor says, thanks for the pro's and con's