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CICA claim for compensation case study

Case Outcome

£4,400 compensation assessed for an innocent victim of a criminal act.

Unfortunately many people are subjected to criminal acts when they are going about their day to day business.  Provided a victim is eligible under the Criminal Injuries Compensation Authority Scheme then it is possible to claim for compensation, not only for the injuries sustained, but also for lost earnings, privately received medical treatment and the cost of care.

 The CICA is a government organisation.  It makes decisions in relation to whether someone is eligible to apply for compensation based upon rules set out in the Criminal Injuries Compensation Scheme.  The current Scheme was introduced on 27 November 2012.  Prior to that date, different rules may apply.

Eligibility to make a claim

To be eligible, a victim of a criminal act must have sustained an injury serious enough to qualify for the minimal award of £1,000.  The act of violence has to have taken place in England, Scotland or Wales, but it is not necessary for the offender to have been convicted or even charged with a crime.

A potential claimant under this Scheme however is not automatically eligible.  For example, if the incident was not reported to the police, the behaviour of the claimant before, during or after the incident, was inappropriate, the claimant has a criminal record or the claimant fails to co-operate with either the police or the CICA, then the claim will not be accepted or if it is accepted, the value of the award may be reduced.

What happened ?

In this case, our client was the unfortunate victim of a random attack in a pub.  He was hit in the face with a broken bottle.  Our client called the police and in this particular instance, the offender was caught and charged.

Upon instruction, we submitted the appropriate application form to the Criminal Injuries Compensation Authority advising as to the full extent of our client’s injuries, which mainly consisted of large gashes to his face, requiring our client to undergo some plastic surgery to his right cheek.

Upon consideration of the application and the available medical evidence, the CICA put forward an offer of £4,400, stating that the injury fell within Band 9 of its Scheme (as it stood prior to 27 November 2012), without any deductions.

Our client was given the opportunity to reject the offer and apply to the CICA for a review within 3 months of the decision having been made, but in this case, our client decided to accept the offer.

The solicitor who dealt with this case on behalf of our client was Steven Rendell-Read who has more than 20 years experience in personal injury litigation.