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Compensation

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  • 29-10-2012 9:51pm
    #1
    napoleon123
    Registered Users Posts: 4 ✭


    Hi,

    Just a quick question.

    A man suffers a violent assault by a group of people unknown to him, then he reports it to the garda, and the garda can't find the perpetrators.


    Does this person have a right to compensation for pain and suffering ?


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    #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    napoleon123 wrote: »
    Hi,

    Just a quick question.

    A man suffers a violent assault by a group of people unknown to him, then he reports it to the garda, and the garda can't find the perpetrators.


    Does this person have a right to compensation for pain and suffering ?

    As the parties are unidentified suing them would of course be difficult. If the injury happened in an insured premises they may be able to be sued. Also option http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme.

    If this has happened seek legal advice as some time limits are short.


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    #3
    napoleon123
    Registered Users Posts: 4 ✭napoleon123


    ResearchWill wrote: »

    As the parties are unidentified suing them would of course be difficult. If the injury happened in an insured premises they may be able to be sued. Also option http://www.justice.ie/en/JELR/uPages/Criminal_Injuries_Compensation_Scheme.

    If this has happened seek legal advice as some time limits are short.

    Thank you for your reply.

    In this case the assault started on a public road in broad daylight, and ended in a back garden of someone's house.


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    #4
    Peregrinus
    Registered Users Posts: 26,284 ✭✭✭✭Peregrinus


    ResearchWill rightly links to the Criminal Injuries Compensation Scheme, but it only covers out-of-pocket expenses, not general damages for pain and suffering.


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    #5
    napoleon123
    Registered Users Posts: 4 ✭napoleon123


    Peregrinus wrote: »
    ResearchWill rightly links to the Criminal Injuries Compensation Scheme, but it only covers out-of-pocket expenses, not general damages for pain and suffering.

    That's what I gathered from the link.


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    #6
    Peregrinus
    Registered Users Posts: 26,284 ✭✭✭✭Peregrinus


    I'm afraid the short answer is, yes, you have a right to compensation for pain and suffering, but it's up to you to find the people against whom that right can be enforced, which is those who assaulted you. And, if you do find them, they may not have assets against which you can enforce it.


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    #7
    napoleon123
    Registered Users Posts: 4 ✭napoleon123


    Peregrinus wrote: »
    I'm afraid the short answer is, yes, you have a right to compensation for pain and suffering, but it's up to you to find the people against whom that right can be enforced, which is those who assaulted you. And, if you do find them, they may not have assets against which you can enforce it.


    Is it not upto the garda to find the attackers ?


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    #8
    CIARAN_BOYLE
    Moderators, Sports Moderators Posts: 14,599 Mod ✭✭✭✭CIARAN_BOYLE


    napoleon123 wrote: »
    Is it not upto the garda to find the attackers ?

    for a criminal case yes, but for a civil case which is what you want given that you want damages it is your own responsibility to find the attackers


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    #9
    Peregrinus
    Registered Users Posts: 26,284 ✭✭✭✭Peregrinus


    napoleon123 wrote: »
    Is it not upto the garda to find the attackers ?
    Since there's a crime involved the guards will attempt to find the attackers, but there is no guarantee that they will succeed. And, should they not succeed, that does not mean that your claim for damages transfers to someone else.


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