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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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My husband is being sued /compensation after he

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My husband is being sued for damages/compensation after he split a guys lip as he was defending himself as the guy attacked him. We have already been to Crown court and my husband was charged with ABH. We contested this and lost. My husband was given a suspended sentence and ordered to pay compensation to the guy. We thought it was all over but now he is suing us for loss of earning, pain etc (for a split lip). We spent all our money on lawyers for the criminal case so we have nothing left for lawyers now and I really don't know what to do. Can he sue foe compensation after the judge has already ordered us to pay it (which we have)? How do we defend ourselves in court without any money? Can we defend ourselves? This is so totally unfair.
Hello, I am a solicitor with 20 years experience. I will try to help you with this.
There is no bar on this person bringing a compensation claim against your husband even after the Judge has ordered and you have paid compensation in the criminal case. However any compensation already paid will need to be discounted against the new claim.
It will be very difficult to defend the case in terms of whether he is entitled to some compensation as your husband has already been found guilty of assault which is both a criminal offence and a civil wrong which can be the subject of a civil claim.
However this person would need to show that he has suffered pain and suffering and would also need to prove the loss of earnings. Most people would not have to stop working for a split lip (I assume he is not a trumpeter!).
Can you tell me what stage you are at? Has he sent a threatening letter? How much is he claiming? How does he justify the loss of earnings? Has he commenced court proceedings and if so is it n the small claims court?
Customer: replied 2 years ago.

Thankyou very much for your reply.

That was exactly what I thought, how can he claim loss of earning for a split lip? He is a builder so would have thought he could still work.

We have been sent a letter from his law firm letting us know that we are being sued for personal injury and that our insurance company must get in touch within 21 days. They haven't said for how much. As I said previously, our house insurance won't help us as it wasn't an 'accident' so we are left to find the money for a lawyer ourselves. I friend suggested that we should just settle out of court as it would save a lot of money. It's galling as this guy attacked my husband first and we've already been treated unjustly at the criminal court. It feels like this guy is ruining our lives.

I am thinking of counter-suing for emotional distress, the fact that my husband is now clinically depressed and on strong medication and my mentally disabled child was left suffering with anxiety as he witnessed the attack.

Thankyou again for your help.

Was your husband convicted on the basis of over the top self defence or was his defence totally rejected. I know this may be hard to know For sure but it may be that the Judge in his sentencing remarks has indicated on what basis he is imposing the sentence. If it was OTT self defence then there may be a large element of contributory negligence which would reduce the level of compensation.
If you are sure your insurance will not cover it then it might make sense to write to his lawyers saying:
-Your letter is without prejudice to your right to defend the case
-does not constitute am admission of liability
-but can they tell you what figure they are seeking and how it is calculated.It may be that he is simply bluffing you and that he knows a court case isn't worth the trouble but he is trying a legal shakedown on you.
Legal aid would not be available for this.
Customer: replied 2 years ago.


Unfortunately his defense was rejected completely as they thought it was a premeditated attack.

Thankyou for your help. I will write the letter and see what happens.

Thanks again.

OK, good luck with that. I would be very grateful if you would please rate my answers.
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