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KEEPING YOU STRAIGHT
What can you do in order to get compensation if you
suffer injury as a result of a violent crime in the UK?
by Norman Geddes
What can you do in order to get compensation if you suffer injury
as a result of a violent crime in the UK?
The Criminal Injuries Compensation Scheme is a state-funded
scheme which provides compensation to people who suffer injury
through crimes of violence. It is the most generous scheme of
its kind in Europe. There is normally a two-year deadline for
applications, but in special circumstances this may be waived.
The scheme is administered by the Criminal Injuries Compensation
Authority. This is a public body which, since its introduction
in 1964, has provided some tangible acknowledgement of society’s
sympathy for innocent victims of violent crime or those injured
trying to apprehend criminals or prevent a crime.
Over 76,000 people apply annually to the Criminal Injury Compensation
Authority and it pays out over £200,000,000 a year. Often
payments are made following criminal proceedings, and you will
be expected to co-operate with the police fully in order to receive
an award. Even if the police are not successful in prosecuting
the assailant you can still receive compensation. Failure to
report an assault an assault to the police is likely to result
in a claim for compensation being defeated. If the assault occurs
at work, you should insist that your employer reports it to the
police, and you should also check that this has been done.
Violent crime resulting in injury includes not only direct physical
assault, but also arson, fire-raising, acts of poisoning and
trespass on the railway. And the Scheme also covers injuries
sustained during the apprehension or attempted apprehension of
an offender or suspected offender, prevention or attempted prevention
of an offence, or the giving of help to a police officer engaged
in any such activity.
For the purposes of the Scheme, personal injury includes physical
injury (including fatal injury), mental injury (temporary mental
anxiety, medically verified, or a disabling mental illness confirmed
by psychiatric diagnosis) and disease.
A personal injury for the purposes of this Scheme does not include
cases where the injury is attributable to the use of a vehicle,
except where the vehicle was used so as to deliberately inflict,
or attempt to inflict, injury on any person.
It is not necessary for the assailant to have been convicted
of a criminal offence in connection with the injury. Moreover,
even where the injury is attributable to conduct in respect of
which the assailant cannot be convicted of an offence by reason
of age, insanity or diplomatic immunity the conduct may nevertheless
be treated as constituting a criminal act.
There are 25 levels of compensation for injuries ranging from £1,000
to £250,000. Extra money will be awarded for special expenses
and/or lost earnings up to £250,000 and the maximum combined
amount payable under the scheme is therefore £500,000.
If you suffer multiple injuries the Authority will only pay for
the three most serious, and if the injury was fatal a fixed sum
will be paid to the partner and family of the victim. Claims
for trivial injuries not warranting the minimum award of £1,000
will be refused.
Those making a claim should contact the Criminal Injuries Compensation
Authority and ask for an application form. You will be given
a reference number and your claim will be investigated. Your
file will also be given a caseworker who will be responsible
for dealing with your claim. Investigations may take some time
after completing an application form and most claims are settled
within twelve months. Cases involving a criminal trial and future
loss of earnings can take longer.
When deciding on an award the Criminal Injuries Compensation
Authority uses a fixed set of tariffs to decide how much to pay.
For instance, the amount payable for a fatal injury is £11,000,
a broken leg £2,500, paralysis of the lower limbs £175,000.
The system is fairly rigid , and will not normally be as generous
as personal injury awards in Civil Courts.
The CICA can only make a financial award. Applicants can claim
up to three separate physical injury tariffs where appropriate.
The claimant will normally receive 100% of the first tariff,
30% of the second and 15% of the third.
Applicants can also make a claim for loss of earnings as a result
of the injuries they have sustained. However, loss of earnings
are only recoverable after 28 weeks (and in all cases the first
28 weeks are excluded). The CICA will expect one year’s
wage slips to be lodged in evidence, or if self-employed 3 years
of accounts (accepted by the Inland Revenue). Applicants should
try and agree wage loss with the CICA where possible before the
appeal hearing. Applicants can also claim for care costs. No
interest is payable on awards, and no award can be made for property
loss.
You will not normally receive any additional money from the
CICA if you’ve already received compensation as a result
of personal injury claim. Although for more complex injuries
you may want to seek assistance from a solicitor, the CICA will
not pay your legal costs. Instead these would be deducted by
the solicitor from any award made. Legal aid may be available
for initial advice only from some law firms.
If an application is turned down or the application is not satisfied
with the award offered, he or she can request a review within
90 days of the decision. The review is a ‘paper procedure’ and
is undertaken by a senior CICA officer.
If the applicant is not satisfied with the review decision,
he or she can request an oral hearing before the Criminal Injuries
Compensation Appeal Panel (CICAP). An appeal has to be requested
within 90 days of the review decision.
The CICAP is independent of the CICA and looks at the matter
afresh. The appeal provides the first opportunity for oral evidence
in the claim to be led. The CICAP usually comprises of 3 or 4
members. The chair is a qualified lawyer. There is usually a
member who is medically qualified. There will always be at least
one lay-member. Decisions of the CICAP are final, but may be
challenged by way of judicial review where appropriate.
FRAZER COOGANS SOLICITORS, AYR, AYRSHIRE, SCOTLAND
Ayrshire solicitors Frazer Coogans have expanded rapidly from
small beginnings in the 1980s to offer a friendly and personal
service to all clients from their modern premises in Ayr town
centre. From their Ayr base, partners Norman Geddes, Austin
Thomson, Lauren Fowler and associate Angus Logan – all
experienced solicitors - along with their professional and
dedicated staff provide a comprehensive suite of legal services
to Ayr, Ayrshire, Scotland and the UK, with particular expertise
in accident claims, personal injury damages, property conveyancing,
divorce and family law, wills, estates and executries.
Frazer Coogans’ Ayr office operates a specialist Accident
Claims & Personal Injury Damages centre to assist clients
in making claims for personal injury damages after road traffic,
workplace, slip and trip accidents and also in criminal injuries
compensation. This Ayrshire firm of solicitors has also established
a significant presence in Scotland’s property conveyancing
market, advising clients on all aspects of buying, selling and
leasing premises both domestic and commercial, and handling property
conveyancing for diverse clients across Scotland.
UK divorce and family law is another area in which Frazer Coogans
solicitors possess particular expertise, advising on the legal,
financial and child related issues associated with divorce, providing
negotiation for amicable settlement and undertaking litigation
where needed. Frazer Coogans solicitors also offer a professional,
dedicated and sympathetic service for wills and estates in the
UK, including the administration of estates and appointing executors.
Norman Geddes is senior partner of Ayr-based solicitors Frazer
Coogans.
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