Oakwood Solicitors

One-off Incidents

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In the year ending March 2018, 1.4 million incidents of violence were recorded in England and Wales.

Of these 1.4 million incidents, 47% resulted in injury with 17% involving serious wounding. In 60% of all violent incidents, the victim believed the assailant(s) were under the influence of drugs or alcohol and that the vast majority of incidents that occurred over the weekend at night (between the hours of 10pm and 6pm) were alcohol-related.

Assaults and one-off incidents can occur at any point in time and at any place. They can be entirely random, without warning, or they can be the culmination of an extended period of threatening and intimidating behaviour. As the above statistics show, these can be fuelled by alcohol or other illegal substances and some of these attacks can involve the use of a weapon.

one-off-incidents

In the event of an assault, a victim can be left with significant, long-lasting injuries, whether these are physical or psychological, for which the Criminal Injuries Compensation Authority (CICA) can look to compensate for.

 

“Can I apply for the claim through the CICA?”

The CICA has a number of parameters that must be met in order for a victim to apply for a CICA claim. These involve time limits, an applicant’s conduct, criminal convictions and their co-operation with the police with regards to the incident amongst others. For further details on eligibility, please see our comprehensive CICA guide here.

“How much would my CICA claim be worth?”

Without knowing the full extent of an applicant’s injuries, it is extremely difficult to make an assessment of the potential worth of an applicant’s CICA claim. The CICA works from a tariff of injuries that describe some of the most common injuries.

 

The CICA can compensate for up to three different injuries and these range in value from £1,000 to £250,000, with a maximum total award of £500,000 being available. Some of the more common injuries are listed below:

one-off-incidents

 

In the event of a more severe injury, the CICA will also compensate for loss of earnings if specific parameters are met. The period on which the loss of earnings payment will begin is the 29th week in which the applicant satisfies the conditions described by the CICA. These are as follows:

  • As a direct result of the injury for which an applicant is eligible for a CICA claim, they have no, or very limited, capacity for paid work
  • The second condition is that the applicant:
    • Was in paid work on the date of the incident giving rise to the injury
    • Had been in regular paid work for a period of at least three years immediately before the date of the incident giving rise to the injury; or
    • Had a good reason* for not having been in regular paid work for at least three years immediately before the date of the incident giving rise to the injury.

*An applicant will be considered as having a good reason for not having been in regular, paid work if they were unable to work because they were in full-time education, or by reason for their age or caring responsibilities.

In the event that the incident involves a crime of a sexual nature, the CICA will compensate an applicant based on the incident details and on any psychological injury sustained as a result. For a more complete look at CICA claims for crimes of a sexual nature, please see here.

 

“The perpetrator of my violent crime was not caught, can I still make a CICA claim?”

Yes. The Scheme from which the CICA assess their claims from states that a person may be eligible for an award under their Scheme whether or not the incident giving rise to the criminal injury to which their application relates has resulted in the conviction of an assailant.

As long as an applicant has fully co-operated with the police investigation as far as reasonably practicable to assist in bringing the assailant to justice, they may still be able to apply for a claim, regardless of whether or not the assailant receives a criminal conviction for their actions.

 

Oakwood Solicitors Ltd

 

Case Study

Mr. J was with friends in a local pub on a Friday night celebrating his birthday. As the night came to a close, his friends had left to get food and Mr. J stayed behind to finish his drink. As he began to drink up and leave, the landlord unexpectedly began to throw the client out of the pub. He was then punched from behind on the back of his head and thrown down the stairs outside.

As the punch knocked him out, Mr. J failed to cushion his impact and cracked his head on the pavement as he hit the ground. He was left on the ground unconscious for a number of minutes until one of his friends came back to check on him and found him lying face down.

As a result of this, he suffered moderate brain damage. His personality significantly changed, he was put on restricted duties at work and he needed to rely on his partner to carry out some tasks for him on a daily basis.

At the end of his claim, Mr. J walked away with a total offer of £55,000.00.

While the money cannot make up for the severe injuries he suffered, it has helped him take the initial steps on the long process of moving on from the incident.

WHAT TO DO NEXT

If you need assistance with your legal application to the CICA or require advice about one-off incidents, get in touch today for a free initial consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

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Rob Crompton

Head of Personal Injury

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