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Nicola-mod
Nicola-mod, Moderator
Category: Law
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Experience:  Moderator
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Hi, My ex wife and I divorced around 10 years ago. Both of

Customer Question

Hi,
My ex wife and I divorced around 10 years ago. Both of my children have lived at her house since.i have been with my new partner 10 years and we have been married for the last four years
Last week my eldest son (now 19) rang me and told me that he had been thrown out by his mother and she had thrown all his stuff out on the drive.
He asked me if I would pick him up from work, take him to his mothers house and collect his belongings off the drive way. I waited for my wife to come home and we then both drove over to my sons work place, picked him and his friend up and the four of us drove over to his mothers.
As we pulled up on the drive, his mother came out of the house. She walked around the car to the passenger front door opened it and without any provocation punched my wife with a closed fist at full force in the mouth. This has caused her severe bruising to the lip. She then lent back and went to hit her again. At this point I lent across my wife and put my hand out to stop her punching my wife again. With this my ex wife grabed at my hand, caught my little finger and twisted it round,snapping it off at the base close to the knuckle.
The police were called and statements were given. They arrested her and she spent the night in the police cell.
She has now been bailed and we are waiting to hear from the CPS
My hand is now in plaster because it is such a complicated break.
I am a self employed carpenter and the hospital have said it will take6 to 8 weeks to heal.
Obviously due to my occupation it is not possible for me to work.
My ex wife as far as I am aware has no money,but she does own a house.
Is it possible to claim compensation from her or the cica Ie loss of earnings ect
Many thanks Steve
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

 

Has your ex wife been charged please?

Customer: replied 2 years ago.
Hi,
She was arrested and bailed and the case was referred to the CPS.. I don't know if they have charged her with anything. I am going to the hospital Wednesdsy for review and the police asked me to call them then to let them know if I need surgery.
Expert:  Jo C. replied 2 years ago.
Thanks.

Does she have any money or assets that can be realised ?
Customer: replied 2 years ago.
She has a house but I don't know how big the mortgage is and a car worth about £3000.
Expert:  Jo C. replied 2 years ago.
I am sorry for the delay. This dropped off my question list so I couldn't respond.

I will look at this now.
Expert:  Jo C. replied 2 years ago.
I'm sorry about the delay.

In a nutshell, you do have a claim but its not in personal injury per se.

This is an assault rather than an accidental injury caused by negligence. There is a tort of assault upon which you can rely but thats your remedy.

Its easy enough to sue for assault. Clearly there was an assault and you would get a certain amount for pain and suffering. The question is the impact it has upon your capacity to work. That is what is going to rack up costs here. You will need medical evidence to support your injury but that should be easy enough as you will have seen medical professionals.

You will also need a prognosis for your recovery though which may be where the cost lies. The issue is future earnings. Probably your existing diagnosis will not include that.

If she has assets though then she is probably worth suing.

Also, you have a claim to CICA.

Hope this helps. Please let me know if you need more information.

Jo
Expert:  Nicola-mod replied 2 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

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Thank you,
Nicola

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