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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44151
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was king hit in a hotel on Saturday night, the police are

Customer Question

I was king hit in a hotel on Saturday night, the police are involved and I am supposed to make a statement tomorrow, I think I need to speak to a professional
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
What do you wish to know?
Customer: replied 2 years ago.
As I am the person who was assaulted do I need to see a solicitor ? I also want to take action against the hotel for no duty of care. The woman who king hit me works for them as a bar maid. They did not call an ambulance or the police. I had to take myself to the hospital by taxi. I called police the following day. I have servere facial injuries including a broken nose. I need more test done for bleeding on the brain. Who should I see to sue the hotel and claim victims of crime.
Expert:  Leon replied 2 years ago.
Good Afternoon
If you did not report it then you should have a solicitor with you.
The Solicitor will make sure that the questions are appropriate and if not will advise you not to answer.
If you reported it to the police then you go and give your story on what happened and they will then investigate the incident.
If they charge someone then you can claim under the victims of crime legislation.
Your claim would be against the person that assaulted you not the pub.
Here is some information.
http://victimsofcrime.com.au/?gclid=CN-F-Kjbk8YCFUcIvAodFWwAgw
I hope this makes sense?
Customer: replied 2 years ago.
After being king hit she proceeded to kick me in the face. We are a small country town and I'm not sure if the police are going as hard as the should. As a former hotel manager, the hotel has a duty of care that was not followed. There are trying to blame me to cover them selves. It was an unprovoked assault by one of their staff members
Expert:  Leon replied 2 years ago.
Good Afternoon
They do have a duty of care but you have to show they breached that duty to sue them.
Are their any witnesses to the assault?
Customer: replied 2 years ago.
I reported it and have had the police to my home numerous time since the incident on Saturday night
Customer: replied 2 years ago.
Yes about 15 witnesses
Customer: replied 2 years ago.
Some on the pubs side who want to keep their jobs and others that were sickened by the attack
Customer: replied 2 years ago.
They are taking statement from everyone. Some don't want to get involved. So what sort of a solicitor do I need to sue a hotel?
Customer: replied 2 years ago.
And what action can I take so this so called woman gets in as much trouble as possible?
Expert:  Leon replied 2 years ago.
Good Afternoon
You need a Solicitor that practices in Negligence.
They have to show that the Hotel owed you a duty of care and failed in that duty resulting in your injuries.
Once the statements have been collected from the police and you know what they are doing you can look at the action against the Hotel.
Also you need to get medical reports about your injuries and if there are any long term issues.
You have 3 years to start an action against them.
But once the police charge someone then you can lodge the victims of crime application.
The law society of victoria can refer you to a solicitor that practices in Negligence and compensation.
Their website is as follows:
http://www.liv.asn.au
I hope this makes sense and is of assistance. If there is nothing further good luck and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Customer: replied 2 years ago.
And what about the one punch rule? Surely this is more than assault. Both my eyes are black, my nose is broken and she stuck the boots in while I was down
Expert:  Leon replied 2 years ago.
Good Afternoon
That is under the criminal law not civil law.
To sue the hotel it is under civil law not criminal.
You can get compensation fro that under the victims of crime.
You can receive up to $ 70K in Victoria.
The link I sent you is very detailed.
In relation to negligence you could get more but you have to show that the Hotel is responsible and failed in their duty that resulted in your injuries.
Once you have the information from the police and also the doctors you can then look at the Negligence side.
I hope this makes sense and is of assistance.
Customer: replied 2 years ago.
Thank you for your advice Leon. Police are due here again soon, I think for my statement . I have medical reports and also need an MIR on thurday
Expert:  Leon replied 2 years ago.
Good Evening
All the best with it
You will need all of them for all of your court actions.
Good luck and I hope you are well.
Expert:  Leon replied 2 years ago.
Good Afternoon
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Expert:  Leon replied 2 years ago.
Good Morning
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Regards
Leon
Customer: replied 2 years ago.
I feel this should be a more serious charge than assault. This comes under the one punch king hit law. How do I get the charges increased and what it the higher charge than just assault ?
Expert:  Leon replied 2 years ago.
Good Evening, It may but as you have survived it can only be assault. If you have suffered injuries then it should be assault occasioning bodily harm. You have to speak to the police about the charges as they are the ones that decide what to charge them with based on the evidence they have collected.