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  • 29-12-2013 8:48pm
    #1
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭


    ok so I was randomly punched in a pub nearly four months ago , the guy who did it is twenty years older than me and a jackass , he meant it as a joke , I didn't see the funny side of it as I had a pre existing back problem ( which stems from an accident some years ago ) and so was not a suitable candidate for roughhousing , anyway , ive had to spend nearly a grand between physio and doctors since this happened , im wondering if their is any chance I could get money off this guy were I to take a civil action , it happened in a pub near closing time and my drinking buddy had gone home , I was sitting on my own when this guy punched me from behind , no one saw it and even they did , this guy is better known than me so I doubt id have much luck in getting anyone to back me up , I did talk to the local guard and asked him to check was their cctv cameras operating in this particular pub , unfortunately their isn't , I declined to make a formal complaint although I do realise I have six months to do so , tbh , im more interested in recouping my financial loss but im not idealogical about it either , I wouldn't bother aiming for a civil action if I thought their was little chance of taking money off this moron


Comments

  • #2
    Penny Tration
    Closed Accounts Posts: 12,687 ✭✭✭✭Penny Tration


    Only a solicitor can give you a proper assessment tbh


  • #3
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Egg shell skull rule but it's generally pointless to sue someone who can't pay. Speak to a solicitor.


  • #4
    Iggy154
    Registered Users, Registered Users 2 Posts: 42 ✭Iggy154


    huck_finn wrote: »
    ok so I was randomly punched in a pub nearly four months ago , the guy who did it is twenty years older than me and a jackass , he meant it as a joke , I didn't see the funny side of it as I had a pre existing back problem ( which stems from an accident some years ago ) and so was not a suitable candidate for roughhousing , anyway , ive had to spend nearly a grand between physio and doctors since this happened , im wondering if their is any chance I could get money off this guy were I to take a civil action , it happened in a pub near closing time and my drinking buddy had gone home , I was sitting on my own when this guy punched me from behind , no one saw it and even they did , this guy is better known than me so I doubt id have much luck in getting anyone to back me up , I did talk to the local guard and asked him to check was their cctv cameras operating in this particular pub , unfortunately their isn't , I declined to make a formal complaint although I do realise I have six months to do so , tbh , im more interested in recouping my financial loss but im not idealogical about it either , I wouldn't bother aiming for a civil action if I thought their was little chance of taking money off this moron

    How do you know it was him? If you were hit from behind you wouldn't have seen him and no one else saw it either.


  • #5
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    Iggy154 wrote: »
    How do you know it was him? If you were hit from behind you wouldn't have seen him and no one else saw it either.


    I know who done it , that is not open to question


  • #6
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    Bepolite wrote: »
    Egg shell skull rule but it's generally pointless to sue someone who can't pay. Speak to a solicitor.


    most solicitors will tell you that you have a good chance of winning a case , its not in their interest to say otherwise , my sister is a solicitor and thinks their is little point pursuing it


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  • #7
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    huck_finn wrote: »
    I know who done it , that is not open to question

    You've clearly never been on the receiving end of a barrister with decent cross examination skills. :pac:


  • #8
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    huck_finn wrote: »
    most solicitors will tell you that you have a good chance of winning a case , its not in their interest to say otherwise , my sister is a solicitor and thinks their is little point pursuing it

    No they won't, they will give you an honest assessment probably with very little commitment either way. Why are you posting here if you've already taken legal advice?

    Is there any sort of bridge in your immediate vicinity?


  • #9
    Iggy154
    Registered Users, Registered Users 2 Posts: 42 ✭Iggy154


    huck_finn wrote: »
    I know who done it , that is not open to question
    I wasn't asking whether or not you knew, I was asking how you knew.


  • #10
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    Bepolite wrote: »
    You've clearly never been on the receiving end of a barrister with decent cross examination skills. :pac:


    I pointed out in the first post that Im sure no one saw it but that doesn't change the fact that I know who did it , im aware that what you know and what you can prove are two entirely different things


  • #11
    Iggy154
    Registered Users, Registered Users 2 Posts: 42 ✭Iggy154


    huck_finn wrote: »
    I pointed out in the first post that Im sure no one saw it but that doesn't change the fact that I know who did it , im aware that what you know and what you can prove are two entirely different things

    You still haven't said how you know.


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  • #12
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    Iggy154 wrote: »
    I wasn't asking whether or not you knew, I was asking how you knew.


    two reasons

    first of all my eyes work pretty good and I used them to recognise the guy who uttered a line to me after he punched me , he was reminding me to get a sports lotto ticket on the way out , forgot to mention in my first post that we had a verbal exchange , I didn't realise the seriousness of the punch at the time as I had several pints of Guinness on me


  • #13
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    huck_finn wrote: »
    two reasons

    first of all my eyes work pretty good and I used them to recognise the guy who uttered a line to me after he punched me , he was reminding me to get a sports lotto ticket on the way out , forgot to mention in my first post that we had a verbal exchange , I didn't realise the seriousness of the punch at the time as I had several pints of Guinness on me

    I'd say that barrister will have a fairly easy time of it, I agree with your sister, drop it before wasting your money.


  • #14
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    Bepolite wrote: »
    I'd say that barrister will have a fairly easy time of it, I agree with your sister, drop it before wasting your money.


    your username is deeply ironic


  • #15
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    huck_finn wrote: »
    ok so I was randomly punched in a pub nearly four months ago , the guy who did it is twenty years older than me and a jackass , he meant it as a joke , I didn't see the funny side of it as I had a pre existing back problem ( which stems from an accident some years ago ) and so was not a suitable candidate for roughhousing , anyway , ive had to spend nearly a grand between physio and doctors since this happened , im wondering if their is any chance I could get money off this guy were I to take a civil action , it happened in a pub near closing time and my drinking buddy had gone home , I was sitting on my own when this guy punched me from behind , no one saw it and even they did , this guy is better known than me so I doubt id have much luck in getting anyone to back me up , I did talk to the local guard and asked him to check was their cctv cameras operating in this particular pub , unfortunately their isn't , I declined to make a formal complaint although I do realise I have six months to do so , tbh , im more interested in recouping my financial loss but im not idealogical about it either , I wouldn't bother aiming for a civil action if I thought their was little chance of taking money off this moron

    As pointed out not much good suing a person who has no money. From your post not even sure its a criminal act but the following maybe of interest http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme I base that view of criminal responsibility based on my view that it was from your description a jovial exchange.


  • #16
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    infosys wrote: »
    As pointed out not much good suing a person who has no money. From your post not even sure its a criminal act but the following maybe of interest http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme



    ive no idea if he has money , even he has money , surely I need to be able to prove my case , he could always flat out deny he struck me , then where would I be ?


  • #17
    GreeBo
    Registered Users, Registered Users 2 Posts: 27,370 ✭✭✭✭GreeBo


    huck_finn wrote: »
    ive no idea if he has money , even he has money , surely I need to be able to prove my case , he could always flat out deny he struck me , then where would I be ?

    You'd be back exactly where you were when Iggy asked you question an hour ago!


  • #18
    huck_finn
    Banned (with Prison Access) Posts: 8 ✭huck_finn


    GreeBo wrote: »
    You'd be back exactly where you were when Iggy asked you question an hour ago!

    iggy asked me what he thought was a clever question

    the jist of it is that what I know and what I can prove are two different things , I get it , a barrister can make real the idea that im hazy about who done it due to the fact that I had my back turned , its no classic and not original either

    if I got enough to cover my physio and doc costs id be happy but I wont go to court on a wing and a prayer


  • #19
    GreeBo
    Registered Users, Registered Users 2 Posts: 27,370 ✭✭✭✭GreeBo


    The point is that you wont get squat unless you can prove, without reasonable doubt who it was who hit you.
    The fact you were drunk and facing the other direction is oodles of doubt, I reckon I could defend the other party in this case.

    And even after all of that, there is no guarantee that you would walk away with anything at the end of it all, other than a bill.


  • #20
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    huck_finn wrote: »
    ive no idea if he has money , even he has money , surely I need to be able to prove my case , he could always flat out deny he struck me , then where would I be ?

    A judge will decide it on the evidence, you get into the box say your bit get cross examined then you present your medical evidence then he gets into the box and gives his version gets cross examined. Then the judge decides on the balance of probabilities. It's the way we have being sorting out legal cases for ages.


  • #21
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    GreeBo wrote: »
    The point is that you wont get squat unless you can prove, without reasonable doubt who it was who hit you.
    The fact you were drunk and facing the other direction is oodles of doubt, I reckon I could defend the other party in this case.

    And even after all of that, there is no guarantee that you would walk away with anything at the end of it all, other than a bill.

    It's not a criminal case, the test is the balance of probabilities.


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  • #22
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    huck_finn wrote: »
    iggy asked me what he thought was a clever question

    the jist of it is that what I know and what I can prove are two different things , I get it , a barrister can make real the idea that im hazy about who done it due to the fact that I had my back turned , its no classic and not original either

    if I got enough to cover my physio and doc costs id be happy but I wont go to court on a wing and a prayer

    As I said check out criminal injuries compensation scheme, it will only pay out of pocket expenses.


  • #23
    Iggy154
    Registered Users, Registered Users 2 Posts: 42 ✭Iggy154


    huck_finn wrote: »
    iggy asked me what he thought was a clever question

    the jist of it is that what I know and what I can prove are two different things , I get it , a barrister can make real the idea that im hazy about who done it due to the fact that I had my back turned , its no classic and not original either

    if I got enough to cover my physio and doc costs id be happy but I wont go to court on a wing and a prayer

    I asked you a simple basic question. Without the answer, there isn't the remotest chance of assessing your chances.

    In my view you would be a bad witness. Not helpful but not fatal either.
    Even if you establish this guy hit you you still have to prove causation. Back injuries are difficult to pin on any particular incident. You could bring a claim for assault and trespass to the person in which case you wouldn't have to prove causation. The fact you haven't made a fromal complaint to the guards won't help you there.

    If the guy has some money and you issue a High Court writ he would probably pay something to get rid of the claim as he won't be covered by insurance and it will cost him a fortune to get solicitors to defend it. These are tactical considerations which have nothing to do with proof.
    Another factor is that if you sue the guy, you will be very unpopular with his mates and a stigma will attach to you for years.
    You might be better simply writing to the publican and saying what happened and see if the publican will intervene and try and sort something out informally.


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