Got beaten up badly while drunk. My attacker claims i started it but he does not have one scratch on him and i have never started a fight in my life. Can i claim for this or not?
2007-01-22 06:20:21 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you reported this crime to the police and the person is charged and subsequently convicted of assaulting you, yes you can claim. Dont however hold out much hope of ever being paid.
2007-01-22 06:26:42 · answer #1 · answered by breedgemh_101 5 · 1⤊ 0⤋
You do not have the right to bring criminal charges against him for criminal assualt as suggested by others replying to your question. Only a DA can bring criminal charges against an individual and the only consequences to the individual would be penal in nature.
However, you have the right to bring a civil suit against your assailant which is independent of whether or not there were any criminal charges brougt against your attacker.
The burden of proof in a civil case is always lower than in a criminal case. You must also have verifiable injuries before a suit can commence. You claim that you were beaten up badly. You must be able to show that you sustained damages as a result of the beating. Your only remedy will be money.
Without more facts, it's difficult to determine if you actually have a cause of action. You should consult with an personal injury attorney and if you have not, you should see a doctor immediately and document the injuries.
2007-01-22 14:44:35 · answer #2 · answered by Peter 3 · 0⤊ 0⤋
Hi Mystery,
If you are in the UK.
Yes, you can take the person to court on a civil basis but it is possible the defence will try "volenti non fit injuria" or contributory negligence, provokation or some similar excuse. They will try to show that you initiated or failed to walk away from the confrontation in some way. It all depends on the evidence.
The up side is that the burden of proof is not so stringent, it is based on the balance of probabilities in civil cases, not reasonable doubt.
Civil litigation can be expensive and if you win, does the defendant have the ability to pay you anything?
Good luck
2007-01-22 14:46:34 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
If you have a witness and if you have reported it to the police. After all, you even said you were drunk, so you probably dont really know exactly what happened......I would say that you could actually get some money, but if you started a riot in a public place or something then the cops could probably give you a ticket as well....
2007-01-25 23:12:43 · answer #4 · answered by Rin Utari 1 · 0⤊ 0⤋
You do not require a criminal conviction against him to sue him. Look at Simpson's wife's family. They sued for wrongful death in civil court even though he was found not guilty. Unless you are severely injured though, it's not really worht the trouble of putting abunch of money into some lawyer's pocket. If you have extensive medical bills, then go for it.
2007-01-22 14:29:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
u can bring a civil suit, but it might be a better idea to let it go. some things to consider--
1-u might have trouble finding a lawyer to represent you.
2-what are your monetary damages? are you permanently disfigured? did you lose any teeth? did you miss work b/c of injuries?
3-does the other guy have any assets? does he own a home with homeowner insurnace?
2007-01-22 17:50:53 · answer #6 · answered by njyogibear 7 · 0⤊ 0⤋
You would need witnesses or CCTV footage to have any claim otherwise it is just his word against yours. Consult a solicitor for advise.
2007-01-22 14:27:05 · answer #7 · answered by Carrie S 7 · 0⤊ 0⤋
if it was reported to the police then you can claim criminal injuries, or if he goes to court for it they may award you compensation.
2007-01-22 14:25:16 · answer #8 · answered by ginger 6 · 1⤊ 0⤋
If you've got enough witnesses...maybe
2007-01-22 14:25:27 · answer #9 · answered by ellietricitycat 4 · 1⤊ 0⤋