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In this article Shalish Mehta from our Litigation Team offers criminal injuries compensation advice and explains how the law applies in different situations.

 

The government introduced a new version of the CICA scheme on 27th November 2012 which has resulted in a tightening of eligibility for compensation. These changes to the scheme have meant that certain injuries are no longer classed as being serious enough to warrant a claim through the CICA.

UK Residency

Compensation will only be awarded to claimants who have legally resided in the UK for at least six months before the time of the alleged incident. All nationals of the EU and EEA Member States and their families in the UK will be exempt from this rule.

Reporting A Crime

The new Scheme requires an offence to be reported to the police ‘as soon as reasonably practicable.’

Drugs And Alcohol

Drug and alcohol use will now only be a ground for reducing or withholding an award where it has contributed to the injury or its effects. Payments will no longer be withheld or reduced simply because alcohol or drugs increased an applicant’s vulnerability to attack. This will benefit rape victims as it won’t matter if they were on alcohol or drugs at the time of the offence.

Previous Convictions

Applicants with any unspent convictions will now be excluded from claiming under the Scheme – significantly decreasing the number of applicants qualifying for compensation.

However, in very limited circumstances it may be possible still to receive an award under the Scheme. This award would ultimately suffer a reduction under the Scheme dependent on the severity of the offence and punishment (sentence) given by the courts.

Physical Injuries

Examples of physical injuries no longer included in the scheme include bruising, black eyes, minor scarring, broken noses, broken/ loose teeth, broken ribs etc.

Some injuries are still available for an award under the scheme however in some cases must be shown to have caused a “continuing significant disability”. This includes injuries such as fractured fingers, a broken hand, ligament damage, dislocated shoulder/ knee, fractured toes (except the great toe) etc.

Psychological Injuries

Awards for psychological injuries can still be considered however treatment from a GP alone is no longer sufficient for a claim. Under the new scheme there must now be a psychiatric diagnosis of a psychological condition for an award to be considered.

Sexual Assault/ Abuse

Awards for incidents involving sexual assault or abuse have not been altered under the changes to the new CICA scheme.

Fatal Injuries

As with awards for sexual assault or abuse, no changes have been made to the levels of award available in circumstances where there is a fatal injury.

Loss of Earnings

An award for Loss of Earnings will only be considered if you are unable to work as a direct result of your injuries for a minimum of 28 weeks or more.

In addition you must have:

1. been in paid work on the date of an incident
2. have been in regular paid work for three years immediately before the date of an incident or;
3. have good reason for not being in paid work for the three years prior to an incident

Time Limits

The general two year time limit to make an application from the date of an incident still applies under the new scheme.

In some cases (e.g. involving historical abuse) where a matter has been reported some time later by an individual as an adult, the CICA can consider waiving the time limit. Often the two year time limit would then apply from the date the matter is first reported to the police. The reasons for the delay in reporting to the police are also usually taken into account.

In cases involving children the two year time limit would apply from the date a child reaches the age of 18.

If you would like further advice on criminal injury compensation then you can contact Shalish by phone on 0161 785 3534 or by email at sm@wrigleyclaydon.com

A police officer recently received an out of court payment of £500 when he was bitten on the behind by a police dog. Subsequently, another police officer successfully made a claim and received an out of court settlement of £1,200 after also being bitten by a police dog.

It is not fully known how many people per year suffer injuries caused by dogs, as many do not think to report it. However it is estimated to be significant, with the most vulnerable group being children, particularly those under the age of nine. Injuries can be severe, especially if wounds become infected, and can also lead to psychological trauma. Injuries can occur as a result of your job, as with the police officers mentioned above, or simply due to an unfortunate interaction with a dog belonging to a stranger, neighbour or acquaintance.

There are ways to try and avoid dog attacks. Some people say that if you encounter an aggressive dog, standing still with your hands by your sides and avoiding eye contact may help. Running away will most likely encourage the dog to chase you and is therefore warned against by animal experts. However, if the attack is inevitable, it is important to know what to do next. You should always take immediate medical advice, but some Medical professionals suggest washing the wound under running water is the first step, removing anything from the wound (such as hair or dirt) as quickly and delicately as possible. No matter how small the bite, it is crucial to seek medical attention as any dog bite has a risk of becoming infected. Your doctor can examine the wound and decide if a tetanus injection or antibiotics are needed.

Maintaining records of your hospital visit can come in useful if you wish to make a compensation claim. You may also wish to call the police which will mean your attack is on record, and could prevent anyone else getting injured. If your accident happens at work, report the accident to your superior, otherwise try and find out who the dog belongs to, if the owner has pet insurance, or if any other attacks have occurred in the past. Your solicitor can use all of this information to help your claim.

While dog bite compensation cases are less straightforward than other personal injury claims, ultimately dog bites are still avoidable injuries and victims are well within their right to compensation. Dog related injuries can at best be painful or prevent victims from working, causing financial constraints, and at worst cause fatalities or loss of limbs.

Whether your injury occurred at work or home, contact Wrigley Claydon today. Our experienced personal injury team can guide you through the process step by step, and help you get the compensation you deserve. Send us a message through our ‘Claim now’ form, or call us on 0161 785 3534.

Recent figures posted by a major insurance company indicated that in 2012 they received £21 million from solicitors. This money, it has been reported, was in exchange for giving those solicitors accident claims. This means that you might have paid your insurance premium but if you then had a car accident, your insurance company could have sold your claim to a firm of solicitors and received a payment in return.

As a result of government intervention, such referral fees are now banned and consequently the figures posted by this major insurance company for 2013 were only £6 million from the sale of such cases.

If you have been the unfortunate victim of an accident, it is important to make sure you choose your own solicitor based on reputation and experience rather than allowing an insurance company to sell your case. A relationship with a solicitor is reliant on trust and communication, so searching around and contacting a solicitor personally is sure to produce better results for you and your case. Regardless of what your insurance company tells you, be aware that you are able to choose any solicitor you wish to pursue your claim.

At Wrigley Claydon, we recruit people who are experts in their field and care about their work. We’ve had a continuous presence as a law firm in Oldham since the practice was established in 1795 by Henry Barlow. Sixty years later, our now namesake Henry Wrigley joined the firm and we have gone from strength to strength, over two centuries, playing an important part in the local community.

Learn more about our friendly and approachable team. If you require a dedicated and experienced solicitor, please don’t hesitate to contact us on 0161 624 6811 or through our contact page.

When former Prime Minister John Major came to power, he spoke of his vision for a society that was more at ease with itself.

At roughly the same time, a man was standing at a bar ordering a drink. Having paid for his drink, he picked it up, turned around and was then punched in the face, falling to the ground. When he challenged the person who had punched him, that person broke a glass and attacked him further causing painful lacerations, bleeding and a permanent scar. The two people were unknown to each other and neither had provoked the other.

Injuries such as these can cause significant pain, as well as potentially taking their toll on your financial circumstances due to an inability to work properly or expensive medical treatment. In addition, the pain and trauma of the incident can cause mental or emotional distress which may affect the victim, and their loved ones, for some time. At Wrigley Claydon, we brought a successful criminal injuries claim against the attacker, compensating the victim for the injuries he had sustained as a result of this violent crime.

However, there’s light at the end of the tunnel. Recently, statistics from the Accident and Emergency Departments across the country reveal that since 2002 the number of casualties seen in relation to violent crimes has reduced year on year, and last year reduced by 12%.

It would appear that John Major’s dream of a society that is more at ease with itself is becoming a reality!

If you have been the victim of a crime of violence and have suffered injury please contact Wrigley Claydon today. Our team of professionals have a wealth of experience in criminal injury claims, as you can see from our list of success stories. To get in touch, complete the online claim form, telephone 0161 624 6811 or e-mail sm@wrigleyclaydon.com.