Success in The First Tier Tribunal (Criminal Injuries Compensation)
30th Jan 2020
The Personal injury team were delighted with the success they achieved for a client in the First-Tier Tribunal recently. Our client had been the victim of a serious assault and suffered both physical and psychiatric injuries. The Criminal Injuries Compensation Authority (CICA) had failed to acknowledge the severity of the injuries, making two appallingly low offers to our client, the first £2000 and then on review reducing this to £1000!
We represented the client on appeal to The First Tier Tribunal (Criminal Injuries Compensation) and after a hard-fought battle, both the client and R&N were thrilled and very satisfied to recover the much improved and appropriate award of £19,000 together with a contribution towards the costs of proving the issue, which is not always awarded as the Tribunal only has a discretion on costs.
The CICA was established to manage the criminal injuries compensation scheme in Britain and they are responsible for the administration of compensation payments to those who have suffered injuries as a result of a crime of violence in England.
It can be a daunting and complicated process working with CICA, so obtaining expert support and advice from an experienced professional is vital.
The Personal Injury team supported their client through the process and by working alongside them challenged the clear injustice of the earlier CICA awards.
By accepting instructions on a contingency fee basis, we were able to demonstrate to the client that we believed in his appeal, could see the injustice and would be prepared to put our own ability to recover fees on the line, contingent on the success of the appeal.
We were appalled at how the CICA had handled this initial claim. They demonstrated a complete disregard to the serious consequences of the client’s assault, so we were determined to assist and take the case to the appropriate level to achieve a fair and appropriate award. We were delighted with the outcome for such a deserving client.
There are several important issues to consider before deciding to make a CICA claim
- Don’t wait for the outcome of the Court Hearing. CICA has time limits and can reject your claim if it is received later than 2 years after the assault. Apply immediately and once the Court Case has been decided, tell the CICA – even if your assailant is not convicted, you may still receive compensation.
- Make sure the Police have a statement from you. If you called the Police following an assault but were not able to give them a statement at the time as you were being rushed into hospital, make sure you follow it up. CICA must have a report and must be satisfied you cooperated with the Police.
The talented Personal Injury team have a wide depth of knowledge and experience in dealing with claims arising from crimes of violence and will ensure that the claim presented to the CICA is maximised. This is a further area of expertise which highlights the breadth and scope of the teams’ prowess and ability to represent clients in all aspects of personal injury law.