# Victim of unprovoked assault - compensation?



## Jano (30 Sep 2010)

On behalf of the victim of an unprovoked assault: The assailant pleaded guilty and was found guilty in the district court of an totally unprovoked assault on a young man he didn't even know. Video evidence was very conclusive. The judge passed down a 6 month suspended sentence. The victim sustained a very badly broken nose which had to be re-broken and operated on 2 weeks later. The judge did not award any compensation (this is common in this particular court). What can the victim do to claim compensation? Advice welcome please.


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## aristotle (30 Sep 2010)

Take a civil case.


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## Jano (30 Sep 2010)

Is this very expensive? Is there a way for a judge to make an assessment of compensation by reviewing the medical information? In other words is there a need to hire a solicitor and barrister when the evidence is uncontestable, a conviction has been made and the assailant's own statement admits full liability for the injuries?


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## csirl (4 Oct 2010)

A criminal case only considers whether or not the defendant broke criminal law and what punishment they should receive. It does not consider any compensation issues and the injured party is only a witness in the case.

You need to initiate a civil case to claim compensation. As the other party has already been convicted, then liability is not an issue. As such, if a claim is initiated, it is unlikely to be contested in court - more likely to be settled out of court in your favour.


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## VOR (4 Oct 2010)

csirl is right. Speak to your solicitor and began the civil proceedings as soon as possible.


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## lawrose (4 Oct 2010)

Check first whether the assailant is a "mark", i.e. have they money or assets.  No point winning a civil case for compensation to discover there is no hope of ever getting any of the award from the assailant.


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## Thirsty (4 Oct 2010)

You can also contact the Criminal Injuries Board

http://www.citizensinformation.ie/categories/justice/victims-of-crime/victims_and_compensation


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## SoylentGreen (6 Oct 2010)

Having been the victim in about 9 armed robberies where I worked over the years I never received a penny compensation from anybody.


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## enoxy (6 Oct 2010)

If you got away uninjured after 9 armed robberies that's got to be enough compensation surely!!


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## Complainer (6 Oct 2010)

SoylentGreen said:


> Having been the victim in about 9 armed robberies where I worked over the years I never received a penny compensation from anybody.



Apu - Is that you?


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## Jano (6 Oct 2010)

Thanks for all the replies. The victim received several blows to the face and had facial fractures and his nose was so badly broken it required surgery. It will never be right and as a result he has had to give up contact sport which he has found very difficult as he played a lot of rugby. He didn't know the assailant and they had not had a row or anything, just waiting for a taxi, minding his own business when the attack happened. A suspended sentence was given. The criminal injuries board will only pay lost wages, it doesn't compensate for suffering etc. VHI paid the medical costs.


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## SoylentGreen (7 Oct 2010)

enoxy said:


> If you got away uninjured after 9 armed robberies that's got to be enough compensation surely!!


 
Not very nice lying on the ground with a sawn off shotgun barrel touching the back of your head.  Yeah, no visible scars so I must be O.K.


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