Compensation for Violent Crime Increased with Expert Legal Advice
The facts
Aiden* was subject to a serious physical assault as a minor. This assault resulted in scarring to his arms, tendon damage to his hand and long-lasting psychological injuries.
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Whilst walking down the street, Aiden was approached and mugged. The incident was extremely traumatic and, as a result, he and his parent decided to approach us for assistance with making a claim for CICA compensation for violent crime for his injuries.
CICA claims for compensation for violent crime
The Criminal Injuries Compensation Scheme (CICA) is a government agency within the Ministry of Justice that provides compensation for violent crime. The CICA sets out the framework for victims of violent crime to be able to apply for compensation.
The CICA will award for a maximum of three injuries. The scheme is very strict on the criteria for claiming both physical and mental injury as a result of a crime of violence. They have a set tariff of injuries for which they will pay compensation.
Knowing the tariffs and the CICA’s criteria in detail is key for ensuring the appropriate award of compensation for violent crime is made. This is where our knowledge and expertise are invaluable.
For mental injuries, the criteria of the scheme are that an applicant must be diagnosed by a clinical psychologist or psychiatrist specifically, with a disabling mental injury directly due to the crime.
First offer of compensation for violent crime
The CICA assessed the medical evidence provided and made an initial award of £3,500.00 for Aiden’s scarring only.
However, the CICA did not factor in an award for his mental injuries or tendon damage.
What did Winston Solicitors do?
When we assessed Aiden’s medical records, it was evident that he had ongoing, persistent mental health issues that were directly linked to the crime.
Prior to the assault, he had a clear history of pre-existing mental health issues, but there was a material change in his symptoms following the assault.
We believed that, due to this, he was struggling to access the care he needed for his physical and mental injuries. He was unable to leave the house due to his mental state, which led to debilitating fear following the assault. Whilst he did not meet the CICA’s strict criteria to claim for a ‘disabling mental injury’ at this time, we believed that this was only due to his lack of treatment and diagnosis.
We prepared a review application for him and highlighted key entries within his medical records. These included his inability to study and work due to the crime, and the reasons his treatment has been impacted due to the symptoms of his mental injury.
We successfully persuaded the CICA to agree to the preparation of an expert psychological assessment for the purposes of the claim for compensation for violent crime.
This report confirmed that Aiden was suffering from Post-Traumatic Stress Disorder (PTSD) directly attributable to the crime. PTSD is recognised by the CICA as a “disabling mental injury” in line with their scheme’s criteria.
We also provided evidence to the CICA of Aiden’s need for physiotherapy due to his physical injuries.
We collated further evidence to support the impact the assault had has on his education and working capacity. This supported a claim for loss of earnings directly due to the crime.
The outcome
Our team of experts had ensured that the CICA’s strict criteria had been met and, as a result, successful secured and increased compensation award of around £48,000.00.
The CICA was satisfied, based on the evidence we put forward, that all three of Aiden’s injuries could be awarded. This included his scarring, tendon damage and mental injuries.
The CICA was also satisfied that the impact of the crime on Aiden’s education and ability to work justified an award for loss of earnings compensation.
This was a life changing result for Aiden who finally got the compensation he deserved.
We listened to Aiden, we recognised his injuries and we understood the impact of these injuries on his physical and mental health. in addition, we supported and guided Aiden through the review process. This care helped with achieving a successful result.
Our firm ethos of ‘When Service Wins’ was clearly demonstrated.
* Name changed for anonymity
