Criminal Injuries Claim: A Case Study

Graham was out with a group of friends on a Saturday night. There had been a football match in the town earlier in the day, a derby in which the town had lost to their bitter rivals. Graham and his friends finished their drinks and stopped off to get a kebab on the way home. A fight broke out in a nearby pub and spilled on to the street. While this was happening, a man approached Graham and punched him several times in the face, causing him to fall to the ground, unconscious.
The Police Investigation
The police and ambulance service were called and Graham was taken to hospital. A number of people were arrested and witness statements were taken from several people, including the kebab shop owner, who saw Graham being attacked and was able to confirm that he had not instigated any of the violence.The Injuries
Graham had a broken nose, a fractured jaw and a large cut on his chin that required eight stitches. His nose required corrective surgery later on to re-set it. A number of people were arrested and charged with various offences that night including assault occasioning actual bodily harm and affray, although police never caught the man who attacked Graham. Graham was in hospital for two days, was off work for two weeks and did not fully recover for nearly four months. He was left traumatised by the incident: he became reclusive and lost confidence, especially since he had a large red scar across his chin, of which he was very self-conscious.Claiming from CICA
However, Graham found out that he might be eligible to compensation from the Criminal Injuries Compensation Authority (CICA) and downloaded an application form. He was well within the two year time limit, and was certain that he would be eligible for their minimum payment, which is £1000. When Graham sent the form off the CICA acknowledged receipt of his claim and began to make their own enquiries as to the incident, with the police, the hospital where Graham was admitted initially, doctor’s reports and details of the further operation required to re-set his broken nose.CICA's Response
The CICA decided under the circumstances that they did not require Graham to be examined by any more doctors. They had already determined that the incident happened and that his injuries were as a result of the attack. Graham was not entitled to lost earnings compensation because he was not off work for over 28 weeks. Similarly, he did not require medical attention beyond that which he received on the NHS, and did not need to pay for any extra care.The Settlement
Just over a year after Graham sent in his application form, the CICA made a decision on the level of compensation they considered applicable to his case and offered him £2300. Although Graham felt that no amount of money was ever going to properly compensate him for the pain and trauma he suffered as a result of the attack he decided to accept the offer. He signed the acceptance form and returned it, within the 90 day time limit required for doing so. Shortly afterwards, he received a cheque in the post for the full settlement amount.
Related Articles in the 'Case Studies' Category...
Re: Compensation Payouts Held in Trust
How do you go about if your child has attained the age of 18 years and the lawyer handling the case has refused any…
Re: 'No-Win, No-Fee' - Too Good to be True?
I was pressurised into buying a product that was sold to me with the understanding I had a 14 day cool off period.…
Re: What Can You Claim For?
Many thanks for your reply. Even if the builders have a right to access to my property (which I dispute), should they not have to apply…
Re: Problems with Personal Injury Claims
shunty - Your Question:My car got shunted at a roundabout by a driver who came up the motorway slipway too fast. The…
Re: Problems with Personal Injury Claims
My car got shunted at a roundabout by a driver who came up the motorway slipway too fast. The driver admitted liability.…
Re: The Victim Contact Scheme
What would a huge increase in relevant traffic mean for your business? If I could greatly increase the amount of customers who are…
Re: What Can You Claim For?
Retired61 - Your Question:Without prejudice. Builders working next door have removed and killed most of a beautiful Virginia creeper on…
Re: What Can You Claim For?
Without prejudice. Builders working next door have removed and killed most of a beautiful Virginia creeper on the wall they are working…
Re: Damages Under the Human Rights Act
Social services forced me to leave my house , police were also used . When I did complaint against this incident , social…
Re: The Victim Contact Scheme
We are Internet Marketing experts who can help you answer these questions, drive mass traffic to your site, and dramatically increase…