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Attacked by dog whilst mistakenly cycling on private country lane

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  • twister_teddy
    twister_teddy Posts: 123 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 1 May 2021 at 12:10PM
    So the guy is going to court (or virtual). It certainly doesn't seem trivial and the procedure will probably be a good penance regardless of how big or small the fine. 

    There's no shame in admitting you want some compo. 

    Can't confirm here if its a guy or otherwise but yes matter is going to court if you didn't read my post above. 

    Yes, I DO want compensation at the least for injury, trauma, loss of income and the fact the injury has left a permanent damage. What makes you think that I am shying away from asking what's only fair !?!


  • billy2shots
    billy2shots Posts: 1,125 Forumite
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    Okay, best to involve an injury lawyer at this point or possibly after the court proceedings?
    My intentions are not to make financial gains out of this tragedy but at the same time I dont want him to get away with some sort of menial fine as I've heard happens given our justice system.
    This was clearly an unprovoked attack. 

    Because you yourself said your intentions were not to make financial gain. 
  • nyermen
    nyermen Posts: 1,139 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    To be fair to OP, a year on the situation may have changed, particularly if there is permanent scarring.

    OP - I don't think anyone here can recommend an injury lawyer (and if they do you should be cautious).  Id maybe start local, or if you have friends or relatives who may know someone.  Or maybe your house insurance has recommendations?
    Peter

    Debt free - finally finished paying off £20k + Interest.
  • twister_teddy
    twister_teddy Posts: 123 Forumite
    Fifth Anniversary 10 Posts Name Dropper


    Because you yourself said your intentions were not to make financial gain. 
    There is a fine line between financial gains and a fair compensation in my opinion. All that aside I did give other party a chance to end the matter by the way of an apology which was rejected so the matter is in court by their choice not mine. 
  • twister_teddy
    twister_teddy Posts: 123 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    nyermen said:
    To be fair to OP, a year on the situation may have changed, particularly if there is permanent scarring.

    OP - I don't think anyone here can recommend an injury lawyer (and if they do you should be cautious).  Id maybe start local, or if you have friends or relatives who may know someone.  Or maybe your house insurance has recommendations?
    I'm in touch with someone, so thanks for the advise and pointers. 
  • Do let us know the outcome
  • twister_teddy
    twister_teddy Posts: 123 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 21 May 2021 at 5:33PM
    Case forwarded for the Jury trial, will keep posted as it progresses further. 
    I have been given the option to complete a victim personal statement, can anyone confirm what are the pros and cons if I choose to give a statement apart from the obvious and is there anything I should be aware of.
  • elsien
    elsien Posts: 36,158 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think it's just so the court are aware of the impact it has had on you. I'm not sure there are any cons as such unless you get up and spout something completely ridiculous, which obviously won't be the case. 
    Parent was asked to do one when she was burgled and the police were very keen for her to go and read it out in person because they wanted the court to see the effect the crime had had had on a woman in her late 70's and how scared she now was. Parent opted to send a written statement in the end because the trial was moved further away and she didn't want to travel that far. 
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • olgadapolga
    olgadapolga Posts: 2,327 Forumite
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    edited 21 May 2021 at 6:39PM
    I wrote one for the case against the person who knocked me off my bicycle when drink/drug driving. The police wanted me to read it out in court but I was shielding at the time so the prosecuting barrister read it out (so I was told).

    I wanted to make the statement as I wanted everyone involved to know how much my life, my family's lives and the wider community were affected by the drink/drug driver's actions. 

    Victim support and the police officer working on the case can help you write it if you need support. My local police force has a guide as to what can/cannot be put into a victim impact statement (for example, you shouldn't put that the defendant should be hung, drawn and quartered etc - well you can but you won't be allowed to read that out). The police officer working on my case sent my statement to the prosecuting team for approval before the case went to court.
  • twister_teddy
    twister_teddy Posts: 123 Forumite
    Fifth Anniversary 10 Posts Name Dropper
    edited 27 June 2021 at 9:14PM
    Some of you might be following this and I thought I should update here. 

    The defendant in this case pleaded not guilty at last magistrates court hearing. As such the case has been referred for a trial by jury at a crown court. I have since been approached and advised that defendant is now offering a community resolution and an settle the case outside the court. Please note at the beginning (before the matter went to court) I had given defendant a chance to offer a written apology which was refused.

    Although a part of me think that I should accept the offer of a community resolution however I am not sure defendant took the matter seriously early in the process and understand the damage this caused to myself and my family. 

    I would be keen to hear pros and cons and advise why I should lean towards a community resolution as opposed to proceed for a jury trial. In my opinion if you see the logic and factor in the law (Dogs Dangerously Out of Control (Section 3 Dangerous Dogs Act 1991) I don't see a reason why jury would decide in favour of the defendant. 
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