Statute of limitations?

iffandonlyif

Apologies, but I’m going to keep it vague. I was assaulted by a security guard of a State body. I was entitled to be where I was and I hadn’t been violent. Bizarrely, in a decision that fundamentally altered my respect for the Garda, they decided to prosecute me, despite CCTV and witnesses completely contradicting the fabrications of the security guard. It went to court and was thrown out in minutes.

It turns out that the State body in question was sued successfully for an incident uncannily similar to mine involving the same security guard, resulting in a payout.

I always intended to file a similar lawsuit but didn’t have the money and felt very insecure at the thought of a trial. That was the guts of a decade ago but I sometimes see the same security guard, who defiantly holds my gaze, and it causes me occasional distress that I didn’t hold him to account. Is it too late?!

BattleCorp

https://www.boards.ie/discussion/2058305379/statute-of-limitations

Normally it's two years from the date of knowledge in personal injury cases so if it happened a decade ago, you are probably out of luck.

This is an extremely long shot and it's unlikely to succeed but if you developed an injury in the last two years that you can directly attribute to that incident, then you might have grounds to take a case but you'd have grave difficulty proving that an incident eight years previous caused your injury.

I think you've left it too late.

iffandonlyif

Oh, wow, I’m well out. I suppose that eases some of the regret because I wasn’t in a position to pursue damages at the time.

It would be a long shot anyway, wouldn’t it, but I’ve no enduring physical injuries and whatever psychological side-effects there have been can hardly be argued to ha he arisen only in the last two years.

Thanks for your advice.

Claw Hammer

https://www.boards.ie/discussion/comment/120861971#Comment_120861971

The limitation period for assault is 6 years.

iffandonlyif

https://www.boards.ie/discussion/comment/120870936#Comment_120870936

Apologies, I never got a notification.

Is that six years in which to bring a case or for it to go to trial? I think my incident might be a month short of six years!

Claw Hammer

6 years to apply to the Injuries board from the date of the incident. Leave it a day late and you are finished. There is only a relatively small cost in going to PIAB and it will extend the time for at least 6 months if you apply in time.