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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70526
Experience:  Over 5 years in practice
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My mother was out at an event. Some men were fooling around

Resolved Question:

My mother was out at an event. Some men were fooling around and knocked her over resulting in her being hospitalised and having to have a full hip replacement. The Police have been informed, yet they have said it was not assault but accidental. Therefore they are not taking it further. Why can't they be prosecuted as she sustained injury because of their wrecklessness. Is there a way that some form of compensation can be sought? She was told to smoke outside in a specific place by the doormen/security. This could change her whole life.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Is there evidence to suggest this was intentional?

Customer:

According to the Police who have looked at the CCTV it is accidental.

Customer:

Is there anything that can be done?

Customer:

Jo I haven't received anything.

Customer:

Hi Jo am going to have to leave chat. I will recheck later. Thank you in advance.

Jo C. :

Thanks for the response. I am just traveling right now and can't get a secure connection. If you can give me 30 mins I will be at a fixed PC.

Customer:

Hi jo am around now if convenient for you.

Jo C. :

Yes, I'm here

Jo C. :

You can sue in the civil courts.

Jo C. :

The fact that there was not enough to prove intent or recklessness in the criminal courts doesn't mean you don't have a claim in the civil courts.

Jo C. :

Probably the police are saying that they cannot prove intent or recklessness

Jo C. :

but you still have a claim in the civil courts

Jo C. :

Can you respond?

Customer:

Yes thanks Jo. What is the cost implications of this?

Customer:

How do we go about this? Is there any financial help available to dovthis?

Customer:

Would it be beneficial for a solicitor to see the cctv evidence to evaluate it?

Jo C. :

Costs will be an issue I'm afraid. This is likely to exceed the small claims court arena and saw you would have to pay

Customer:

Hi again Jo am here!!

Jo C. :

so you would have to pay

Jo C. :

it is possible to use no-win no fee solicitors for claims that do exceed the Small Claims Court arena but usually they will only act if the defendant is able to pay the award. Of course he may be here but it is an issue for you

Customer:

Okay. Thank you very much for your help.

Jo C. :

No problem and all the best.



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Customer:

Much appreciated!!

Customer:

All the best

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