Criminal Injuries

When you are the victim of a violent crime, it can be an extremely distressing and difficult time.  You may have been affected physically or psychologically and the effects may last into the future.

You may not be aware, but if you have been the victim of a violent crime in the UK, then you may be entitled to claim compensation for the injuries that you have suffered (both physically and psychologically).  Whether or not compensation will be awarded depends on individual circumstances.

At Brethertons, we understand that this is a stressful time.  We can take care of the legal process for you when pursuing a criminal injury claim for the injuries you have suffered.

There are three ways of making a compensation claim for criminal injuries.  Firstly, you can make a claim against the assailant directly – unfortunately this may not be the most effective option.  Even if compensation is awarded, it can be difficult to make the assailant pay. 

If the crime took place at work, then you may be able to make a claim against your employer, if you feel that your employer exposed you to foreseeable and unnecessary risk. 

Finally you may be able to make a claim to the CICA – the criminal injuries compensation authority.  The CICA is a fund of public money that has been set aside to compensate innocent victims of serious crime.  We can work with you and the CICA to ensure that you are properly compensated for the injuries that you have suffered. 

Conditions of applying to the CICA

You must make the application within two years of the crime.  This two year deadline will only be waived in certain exceptional circumstances.  For an application to be successful, you need to show that you have been the victim of a serious crime, you reported the crime to the police as soon as possible after the incident and that you fully co-operated with any police investigations into the crime.

If you meet the above criteria, then the CICA will make their own investigations.  They will obtain; statements from police officers, reports into the crime and medical records or a medical report.  You will also need to provide details of out of pocket expenses and losses.  Once the CICA have obtained all the information they need, they will decide whether compensation will be payable.

CICA CASE EXAMPLES

1. Mr X was assaulted whilst in a public house with friends in 2007. As he was walking towards the toilets, he was violently attacked through no fault of his own. He sustained facial injuries and subsequently lost his sense of taste and smell as a result of the attack. Although there were CCTV camera’s in the public house, they were not facing the area where the attack took place. The incident was reported to the Police yet no action could be taken due to lack of witnesses and evidence.

Brethertons pursued a CICA claim for Mr X and he was awarded compensation for his injuries.   (£12,875.00)

2. Mr Y was violently attacked whilst leaving a Bar alone. He was the victim of an unprovoked attack with a glass bottle by a single individual and sustained injuries as a result. Although the attack was reported to the Police, no action could be taken as the assailant was not able to be traced due to no witnesses or CCTV footage being available.

Here at Brethertons we will pursue your case relentlessly to ensure that you receive the compensation that you deserve.