Criminal Injury Compensation Claim

You could be entitled to £15,000 or more for criminal injury!

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If you have been the victim of a crime you probably suffered distress and trauma, and possibly physical injury as a result. If so, you may be eligible for compensation. There are several different routes to compensation for criminal acts.

Civil action for personal injury compensation

The same laws which give you the right to compensation for injury due to other’s negligence also apply to malicious intent, such as the commission of a crime. You could launch a civil action and sue the person for the harm he or she has done you. In this case, the amount of compensation would be determined by the guidelines described elsewhere on this site. You will need a solicitor to do this, so contact us to see how we could act for you on a ‘No Win, No Fee’ basis.

Criminal Injuries Compensation Authority (CICA)

CICA is a government body responsible for assessing and awarding compensation to victims of violent crime. You must show that you suffered physical or mental injury as the result of violent criminal action, which can include injuries sustained while trying to prevent a crime of which you weren’t the original victim.

Criminal injury compensation awards can range from £1,000 to £250,000.

Injury Compensation awarded by a Criminal Court

If a person is convicted of the crime in which you were injured, the criminal court may order him or her to pay you compensation. The court will determine the amount and enforce payment, but the financial situation of the offender must be taken into account when deciding the amount of compensation awarded.


Compensation Settlement for Injury in Angus

How is a compensation settlement arrived at?

A compensation settlement for injury consists of two parts. The most immediately obvious effects of your injury are covered by a settlement for “General Damages”. This part of your compensation settlement covers “pain and suffering” and “loss of amenity”

Pain refers to the physical pain resulting from your injury.

Suffering concerns the mental and emotional aspects, so part of your settlement will be based on whether you suffer anxiety, post traumatic stress disorder, embarrassment and so on.

Loss of amenity covers activities and abilities you will no longer be able to enjoy as much as before the injury. For example, a passionate hiker who can no longer walk, or an amateur musician who loses their hearing.

The “Special Damages” part of your settlement involves financial loss or additional costs. Under this heading will come a settlement for loss of earnings if you are unable to work, costs of nursing care and changes to accommodation or equipment (e.g. cars) to allow you to live as normal a life as possible.

What is the basis for a compensation settlement?

If you are to win a settlement, you must be able to prove “on the balance of probabilities” that your injury is due to negligence by another party. Note that this does not necessarily mean that you have to be entirely fault-free; you need only demonstrate that the other party is more than 50% responsible for your injury. If you can do this, you may then be awarded a compensation settlement.

Will a pre-existing condition reduce my injury settlement?

On the contrary, the settlement awarded for your claim can include an element for aggravating an existing condition. It is most important that you give a full medical history when discussing your claim for this reason.

  in Angus

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