Following an assault, some victims require the support of a clinical psychologist due to deteriorating mental health including PTSD and EUPD, especially in sexual abuse or domestic violence cases.
This can be seen in symptoms such as an inability to focus, flashbacks and ‘replaying’ of the events in one’s mind, disturbed sleep patterns and nightmares, and intense changes in mood.
Under the CICA, you can claim compensation for a psychological injury on the condition that you:
- Have evidence from a psychiatrist or clinical psychologist (usually in the form of a diagnosis).
- Have evidence that the assault is the direct cause for this diagnosis.
The CICA request this information in the form of medical records and reports completed by medical professionals in order to discuss and assess the progress and treatment of the individual.
However, the Authority also ask the applicant how they believe their own treatment is going and what effect the injuries have had on their lives. For example, impaired performance at work and school where this was not common, becoming more reclusive and having newfound difficulties in social engagement, or even sexual dysfunction.
Whilst the award is part of the tariff, it can be difficult to present the condition as permanent and the CICA tend to find discrepancies within clinical reports. For example, if you have pre-existing mental health conditions, the Authority may relate your current symptoms to a previous diagnosis.
This leads to lower amounts of compensation than you may be eligible for, or, usually, none at all. With the help of our team, you can put forward the best argument for your specific claim and circumstances.
The CICA have an extremely strict criteria relating to psychological injury, so if you have been a victim of a violent crime and now have a complex mental health condition, seeking legal advice could be the difference between a rejection and being awarded compensation.
Further reading
Criminal Injury (CICA) Claims – Oakwood Solicitors
Synopsis of causation: Post-Traumatic Stress Disorder (GOV.uk)
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Ella McCarthy joined Oakwood Solicitors in March 2022 in the Vetting team before quickly progressing onto the role of Paralegal in the Criminal Injury Department.
Currently, Ella works in the Emplo…
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