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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I wonder if you could help me. My son was assulted

Customer Question

Hello
i wonder if you could help me. My son was assulted 7 years ago he claimed compensation thinking he would only need one lot of plastic surgery to this date he has just had his 4th operation thursday 15th october 2015. i would like to know if he could re-claim as he only got a small amount when he claimed, and i think it is unfair for such a small amount and he is still going through the pain of the assault
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. Where did he get the compensaiton from, did he sue sepsarately or was it done as part of the criminal proceedeings?
Customer: replied 1 year ago.

To be trueful with you i really cant remember as i worked in a magistrates court at the time and they done it all for us

Expert:  Jo C. replied 1 year ago.
That is going to be a decisive issue.
Whatever that order was, it cannot be reopened. if it was an order of the civil court then that is the order and there can be no appeal on this basis.
If it was just a compensation payment of the criminal court then you could, in principle, sue in the civil.
However, your other problem here is time barring. You have 3 years from the date of the assault to sue in the civil courts. You can always make an application to extend time under S32 Limitation Act 1980 but you need a really good reason to do so. If he was a juvenile then time would not start running until he was 18.
Sorry if that is bad news.
Can I clarify anything for you?
Jo