Getting assaulted in any way, shape, or form can be a traumatising experience for the victim. These victims can suffer in various ways, like physical and psychological damage. In this blog we will discuss how victims of assault can make a claim for compensation.
Claim Compensation After Assault
Victims of assault in the UK can claim compensation after assault. This process is governed by the Criminal Injuries Compensation Authority (CICA). CICA is a government-funded agency. It provides compensation to those injured in violent crimes.
Are You Eligible?
To become eligible for compensation, the victim must fulfil the following criteria.
Report the Incident
Victims must report the assault to the police promptly. This will create a report for the incident that can be used to claim compensation.
Cooperate with Authorities
Victims need to assist in the investigation and prosecution. Victims can help by providing evidence, testifying, and supporting law enforcement efforts. Refusing to cooperate can lead to ineligibility for compensation.
Residency or Nationality Requirements
The claimant must either have been a resident in the UK at the time of the incident or meet certain nationality criteria. These criteria can include being a British citizen or an EU national with a right to be in the UK.
Timely Application
An assault compensation claim must be made within two years of the incident. If the victim was a child at the time of the assault or in cases of exceptional circumstances, exceptions can be made to this limit.
Types of Compensation Available
Compensation covers various aspects. Here are the factors that can influence the amount of compensation expected from assault.
Physical and Psychological Injuries
This includes both the immediate physical injuries and any long-term psychological impact. Compensation can take into account any medical bills related to the assault.
Loss of Earnings
If the injury resulted in an inability to work for at least 28 weeks, the victim might be eligible for loss of earnings compensation.
Special Expenses
These may include costs related to ongoing care, home adaptations, or mobility aids. For special expenses to be considered, the victim must have been incapacitated for more than 28 weeks by the incident.
How does a victim get compensation?
Victims can apply online at GOV.UK. The application requires specific details. This includes the assault’s date and location and police report information. Medical evidence of injuries is also necessary. This is why documentation is crucial for the victim. Gathering information and keeping records can help build a stronger compensation case.
Civil Personal Injury Claims
Apart from CICA claims, victims can file civil personal injury claims. This is a separate process through the UK courts. Compensation here might differ from CICA claims.
Legal Help
Legal advisors can offer support and guidance. They help in understanding the claim process. They also assist in gathering necessary evidence. This ensures the protection of the victim’s rights.
Solicitors in claims usually offer a No Win No Fee policy. According to this policy, solicitors will only be paid once the victim has won the compensation. They can provide an expert initial assessment.
Claim compensation after assault involves specific steps and criteria. Victims should report the incident and cooperate with the police. They can claim for both physical and psychological injuries. Legal assistance is advisable for proper guidance and expert opinion.