Saturday, August 21, 2010

In Civil cases is compensation determined by the defendants ability to pay?

A person is trying to claim against me for a personal injury that occurred during a football match, although I was yellow carded I don't feel the incident was anything other than a unfortunate accident. I have spoke to the football clubs and my own insurers and I don't appeared to be covered for this claim against me.





If a court finds against me (I cant afford a solicitor), would the level of compensation be determined by the amount I can afford to pay??In Civil cases is compensation determined by the defendants ability to pay?
Firstly the claimants solicitor will need to know if you have insurance ie home and buildings. If you do they will sue you through the insurer.





If you do not have insurance you will be seen as a ';man of straw';. You have no assets so they will probably refuse to continue the claim against you as you cannot pay the compensation and costs if you are found liable.





The club you play for will have insurance and you should be covered by that. If they do not then they should not be playing league football.You are playing as a representative of the club and as such they are vicariously liable for your actions on the field.


I suggest you pass on the letter of claim from the claimants solicitor to your club to pass on to their insurer, you will then get proper legal advice.


The local league should also have insurance cover, you should contact them and let them know the situation.In Civil cases is compensation determined by the defendants ability to pay?
Everywhere is different. There are many factors involved in reaching a settlement. But, generally, the main determinant is the injury cost times 3. ($500 in medical bills, so the payout should be around $1500). If there was alot of emotional expense, then that would be added in too. If you live in an area that is not very wealthy then the amount will be less. Jurors who don't have alot of money will think a small payout is fair; because the small payout seems like alot to them. If the settlement is way out of the possibility for you to pay, they set up a deadline to have all of it paid by, but it's normally not more then 2 years.
Actually, if the court finds in favor of the plaintiff, the amount awarded will be determined by the injuries and medical costs related to the injury, not on what you can afford to pay. Though you were, ';yellow carded,'; it still sounds like a probable accident and par for the course during a game of football. The court may in fact find you partially liable and order you to pay a portion of any medical expenses incurred by the other player.
During sports, things happen. Tell the truth in court and that is why that person should have insurance. They could in all honesty go after you for your house, car, bank, garish your wages etc. How old are you? If you are under 18 they cant do anything to you. If they can prove the accident was not an accident then you are in deep pooh.


There is also an old saying if you really dont have anything





'; YOu cant get blood from a turnip , or water from a rock';
The level of compensation will be determined by the nature of the injuries not your ability to pay. If you are not covered by insurance you will have to pay out of your own resources.Hopever when it comes to paymeny terms your means will be taken into account and if you need time to pay you will usually get it.
No. The level of compensation is based on the damage to the plaintiff. If you injured someone and are liable, the judge or jury will then fix an amount of money designed to restore the plaintiff, to compensate him for his injuries.
Probably more about what happened and how severely someone got hurt.

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