Assault Compensation Solicitors – UK CICA Claim Lawyers
SOLICITORS HELPLINE: ☎ 0330 660 7004
Our assault compensation solicitors assist victims in making claims for personal injury to the Criminal Injuries Compensation Authority (CICA) on a risk-free ‘no win no fee’ basis which means that should the application be unsuccessful there will be no legal fees or expenses charged.
Offences Against the Person Act 1861
The Offences Against the Person Act 1861 outlines potential criminal charges that relate to violence against another which may give rise to application to the CICA. Robbery is defined as the combined act of theft and assault (or the threat of assault). There are 4 main categories of violent assault:
- S18 relates to wounding another with the specific intent to cause injury and is charged when a weapon is involved.
- S20 relates to maliciously inflicting grievous bodily harm (GBH) or malicious wounding.
- S42 defines a common assault as the unlawful violence or fear of violence upon another person.
- S47 relates to assault occasioning actual bodily harm (ABH) usually with visible injury which must be the result of the actions of the assailant.
Criminal Injuries Compensation Authority
The CICA legislation sets out basic requirements that must be met in order for a victim to lodge a claim. Applications must usually be submitted to the CICA within two years from the date of the incident. The CICA has discretion to extend this time limit upon which our assault compensation solicitors can advise.
Those eligible to claim compensation are as follows:
- A victim of violent crime who has been injured physically or psychologically.
- A child, parent, spouse or partner of a victim who died from the violent crime.
- A person who can show proof of a genuine relationship with the victim of a violent crime and was in the company of the victim when the assault occurred or was involved immediately after it happened and consequently suffered psychological trauma.
An applicant seeking compensation must consider the following:
- Injuries must have taken more than 6 weeks to heal.
- The injuries must have required the attention of a medical practitioner on at least two occasions.
- The claim must usually be lodged with the CICA within two years from the date of the incident.
- The incident should be reported to the police or any other relevant body as soon as possible.
- CICA takes into the account the victim’s criminal record of ‘unspent’ convictions.
- The applicant must collaborate with the authorities in order to bring the perpetrator to justice.
- Conviction of the assailant is not a pre-requisite to payment nor is identification of the assailant.
- Compensation is based on a tariff scheme whose band ranges from £1,000 to £250,000.
- Other losses can also be claimed up to a maximum of £250,000.
- An applicant can claim lost wages if recovery is lengthy.
- Some or all medical expenses may be recovered.
- The victim’s behaviour before, during and after the incident is considered.
- An applicant has a right to have CICA decisions reconsidered and a right to appeal.
The CICA can deny claims or reduce compensation payable based on the following:
- The victim’s reluctance or refusal to cooperate with the police.
- Unnecessary delay in reporting the crime to the police or other relevant authority.
- The victim instigated the attack or willingly took part in the incident that caused the injuries.
- The victim exhibited aggressive or unreasonable behaviour following the assault.
- The victim has ‘unspent’ criminal convictions as defined by the Rehabilitation of Offenders Act 1974
Assault Compensation Solicitors
Our assault compensation solicitors are members of the Solicitors Regulation Authority panel of personal injury experts and they provide legal advice at no cost on CICA applications. Consultation is free of charge and you are under no obligation to proceed with your claim. Contact us today. Simply complete the contact form or call our helpline or email our offices.
SOLICITORS HELPLINE: ☎ 0330 660 7004