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Original poster

Please advise: My son has been seriously assaulted. Do we need a solicitor?

56 replies

zoggs · 20/01/2010 09:17

My son (age 20) was assaulted on Sunday. Front teeth knocked clean out. His face is a mess. He is going to need a bone graft to his jaw and at least 2 dental implants, possibly 4 - about 7-10 months of operations. The treatment is not available on the NHS so we have to pay privately and it will cost £5k-£10k.

Should we approach a solicitor to try and recover some of the costs and/or compensation. I am aware of the Criminal Injuries Board but I just don't know where to start and am still reeling from the shock. Fluctuating between anger and just being thankful it wasn't worse. The force of the blow was such that we think the assailant has broken bones in his hand. Crying as I type this as I can't believe it's happened.

OP posts:
Skegness · 20/01/2010 09:19

I don't know anything about solicitors etc but wanted to say that I'm so sorry to hear this- your poor son.

Lizzylou · 20/01/2010 09:20

I would certainly approach a Solicitor.
Does your son know who did this?

Poor him, and poor you.

Original poster
zoggs · 20/01/2010 09:27

Thanks for your answers and sympathy. Yes, my son knows who did this. He is a friend of a friend from university, high on drink and drugs (my son was sober). He was verbally abusing a girl who was with them and my son asked him to stop as she was crying. Next thing he knew he was on the floor with his teeth on the other side of the room. Police and ambulance were called.

How do I find a solicitor? I've always thought those ambulance chasing companies were a bit dodgy but I don't want to stick a pin in yellow pages either.

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abride · 20/01/2010 09:28

I'd start with the Citizens Advice Bureau.

Best wishes to your poor son.

Lizzylou · 20/01/2010 09:32

Zoggs, look
Here

or

Here

Have the Police done anything about this? Has he been charged?

What an awful situation.

deloola · 20/01/2010 09:33

Speak to the police - they will be able to advise you on procedures - has your son been given victim support information? They would be a good resource.

Original poster
zoggs · 20/01/2010 09:39

My son was not in a fit state to be interviewed on Sunday - taken to hospital by ambulance, very distressed, bleeding etc. The police were present when he was taken from the flat where it happened. Then we brought him straight home to recover as he is at uni 100 miles away. He has spoken to the police on the phone and given them the name of who did it and we are going back up on Friday to make a statement. Police have told him that the other guy will be arrested and locked up straight away as soon as my son has made a formal statement.

Just going to look at the links now. Thanks so much.

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deloola · 20/01/2010 09:40

You can't claim from CICA until there has been a court case.

Take photos of any injuries and keep a file of all step re: medical processes.

You don't need a solicitor to make a claim from CICA.

IndigoSky · 20/01/2010 09:41

Your poor son.

Why on earth is the treatment not available on the NHS?? It's hardly cosmetic surgery...

ageing5yearseachyear · 20/01/2010 09:42

have a quick look at your home insurance- you mght have free access to a legal helpline- they could give you the full info. Your son has to fully co-operate with the police to get Criminal Injuries Comp and they are not over generous and very long-winded ( usually have to wait for any prosecution to be completed before confirming anything). they should reimburse the reasonable costs of treatment and consider any future treatment costs. It sounds awful- hope your son makes a really good recovery soon.

oh, and dont forget to write down everything as you go along- any lost earnings for him- time off work/college-any care you provide for him and keep receipts for everything carefully. this will speed things up later.

MattSmithIsNotMyLoveSlave · 20/01/2010 09:44

I assume criminal proceedings are underway? You will probably need to wait until those are finished before you can pursue a civil action.

On a practical point, does the person who assaulted your son have any money? If not, you risk finding that you spend a lot of money on legal costs, get a judgement against him but don't actually end up with any cash because he doesn't have any, so are financially worse off than you were before.

MattSmithIsNotMyLoveSlave · 20/01/2010 09:45

(that was in reference to a civil case, rather than CICA)

Original poster
zoggs · 20/01/2010 09:49

Indigo - treatment on NHS will be to fit him with a denture. We want him to have dental implants but they are only available privately.

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Original poster
zoggs · 20/01/2010 09:51

I will go and look at home insuarnce for legal advice. Good idea.

MattSmith - I doubt whether the other guy has any money. He graduated last year but has yet to find a job.

Oh god. I feel so sick. I haven't been to work since Sunday and I can't eat or sleep.

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TheWorldFamousKewcumber · 20/01/2010 09:55

so sorry zoggs - it soiunds terribly distressing. No good advice for you but hope your son is feeling better soon. And good for him stopping this man abusing his friend, I really hope it doesn't put him of doing th eright thing next time

TwinkleToes76 · 20/01/2010 09:56

As already said, you need to do a CICA claim (don't bother with a solicitor, it is an easy application process). However, you must make sure the police are involved as soon as possible and that your son cooperates with them in any way they need (e.g. if he knew his assailant but is worried about telling police who they were this will damage any CICA claim). Also, any delay in calling the police will also make a claim to the CICA less likely to succeed. Finally, if a claimant has any criminal record at all, the CICA often use this as a reason not to give them any compensation, even if the record has nothing to do with the assault in question. Stupid rules but there you go. Good luck, the CICA award scheme isn't very generous but worth a go.

youwillnotwin · 20/01/2010 09:59

This reply has been deleted

Message withdrawn at poster's request.

Original poster
zoggs · 20/01/2010 10:04

My son phoned the police after he was discharged from hospital and told them the name of who did it and that he wanted to make a statement. The officer who attended the scene on Sunday is not on duty until Friday night so we are driving up then to Manchester to make a statement. That is 5 days since it happened - is that considered a delay? He needed to come home to see dentist and recover from facial swelling etc. He doesn't want anyone to see him at the moment, just hiding in his bedroom.

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Original poster
zoggs · 20/01/2010 10:07

The bone graft is needed for the implants but would not be needed for a denture to be fitted. He will be having a denture as a temporary measure as the implants are going to take about 10 months to complete.

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Original poster
zoggs · 20/01/2010 10:10

Going to phone legal helpline on home insurance - nothing to lose.

I'm floundering here. I am distraught but can't show it at home because I don't want my son to lose his confidence and feel worse than he does already. He will be going back to uni on Monday when he gets the denture and I am terrified for him.

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saggarmakersbottomknocker · 20/01/2010 10:13

Your poor son.

As someone has already said you don't need a solicitor to claim through CICA but make sure you keeo docu,entary evidence of hospital visits and take some photgraphs.

saggarmakersbottomknocker · 20/01/2010 10:18

zoggs - call the university and ask for Student Support; let them know what's happened and that he might need some support; maybe some counselling they could arrange? It's hard when you will be so far away.

My son was assaulted a couple of years ago now, nowhere near as badly as this although there was a knife involved. It's a horrible thing to go through for all your family. You have my sympathy. Our witness support person was very helpful, ask the police about that, and about contacting Victim Support who can offer help and advice.

EightiesChick · 20/01/2010 10:19

zoggs, so sorry to read this. Thinking of your son and you.

Do consider telling the university - I would suggest his personal tutor or year tutor. If he does a 'talky' subject they may be able to tactfully avoid drawing attention to him by asking questions in class if that would upset him at the moment. And if he struggles to get work done they know there are mitigating circumstances an can work around this. Plus he might want to use counselling services.

Original poster
zoggs · 20/01/2010 10:19

Oh yes. Got the photographs. Dentist also took photos and took some for me with my camera. They are gruesome. Eveyone I have shown has had to turn away when showed them. On the plus side, he is eating and drinking and asking when he can play football again. I think I am worse mentally than he is! He is a lovely boy, never been in a fight. He has Dyslexia and Dyspraxia and can be a bit naive. He is also gorgeous looking - was approached by a modeling agency once but said no as he is too shy.

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Original poster
zoggs · 20/01/2010 10:26

Oh Saggar, I'm so glad to speak to someone who has been through this. It's really hit me badly today. His injuries are bad but to be honest he could have got similar through sport so it is the assault bit that is hurting emotionally so much. He might be 6'2" but he's still my baby.

I will contact uni about support. Presumably police will help us with contacting witness support and victim support?

I've gone to pot today. Can't sleep, eat and have to be on the go all the time. Spent the last 2 days "nursing" him and he is a lot better so I am trying to keep busy. Feel like I am going mad. Have to go to work later.

Thanks to everyone who has been so kind here. You are all so lovely.

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