Category Archives
Criminal Injury Claims
Stuart Hall Victims Seeking Criminal Injury Claims
Some of the victims of TV entertainer Stuart Hall are seeking compensation either from the man himself or from broadcasting company the BBC. If any of the claims are successful then it is plausible that there could be hundreds of cases from victims of Jimmy Saville and other celebrities currently under investigation by the police. Although there is usually a time limit to claiming in such cases, many of the victims have been advised to seek compensation especially as Hall has only just been sentenced recently.
Stuart Hall initially received a sentence of 15 months but the conviction was doubled to a 30 month sentence following an appeal of the conviction. Hall will now serve a 30 month sentence as well as being stripped of is OBE. However, while the sentence punishes Hall for his crimes, it does not help the victims, many of whom may still be affected today.
With most criminal injury compensation cases, the amount of compensation that is to be paid is determined by a number of factors including the type and severity of injury sustained. Guidelines of injury types and the tariffs paid for these injuries are published, but the effects of sexual and physical abuse are psychological as well as physical and this makes the compensation claim a complex one. Redress is still available but it will usually require the involvement of an experienced criminal injury solicitor to ensure the best result.
There is typically a two year statute for making a claim from CICA but there is special dispensation made for victims of sexual abuse. The guidelines and the board appreciate that many victims do not come forward straight away and that this is a recognised symptom of the ill effects of abuse. Therefore, even if a person has been abused many years ago, they may still have a right to claim compensation.
Criminal injury compensation pays a fixed amount for the type and severity of injury and also adds elements for special payments. These special payments can include anything from loss of earnings to the need for long-term or ongoing care and are designed to ensure that the victim is not left out of pocket as a result of the attack they were a victim of.
Hit And Run Incidents Rarely Lead To Conviction
A cyclist in Cardiff has questioned South Wales police over the alarmingly low number of hit and run drivers that have been apprehended. Many such incidents are not recorded as crimes and this makes it impossible for the victim to be able to submit a criminal injury claim later. Cyclist, John Harris, has found that only 1 driver in 35 incidents between 1st April and 31st December 2012 was apprehended and this was as a result of CCTV footage.
A cyclist being knocked off their bike can lead to serious and long term injuries. It is important that victims of this type of incident report the crime to police as soon as possible. If the crime is not reported in the first place, then CICA will not be able to agree compensation with the victim and this is essential if the culprit is never apprehended.
This type of crime can be reported to the Motor Insurers’ Bureau, or MIB, but they will rarely take action if no driver can be identified. This means that victims must turn to the CICA as a means of chasing compensation. However, CICA will not take action if the incident is not reported as a crime. According to Mr Harris, Cardiff police rarely report the incidents as crimes because they do not follow up on them or attempt to make arrests.
A representative for South Wales Police said that incidents of this nature need to be considered a malicious act or one that constitutes dangerous driving in order for it to be recorded as a crime. In instances where this cannot be proven or where the police believe that it is not true, they will be recorded simply as road traffic incidents.
The CICA offers victims of crime the opportunity to seek and claim compensation even when they are unable to identify, or the police are unable to apprehend the criminal that committed the crime. Claimants and their claims need to meet certain criteria to be considered suitable and this means that incidents must be reported to police and recorded as a crime by the police.
Mother Knocked Unconscious Encouraged To Take £150 Compensation By Police
A woman who was beaten unconscious by another woman while on a night out was offered £150 compensation and encouraged to take it so that police did not have to issue a caution. Police have defended the caution, although did not comment on the compensation offer, while the Centre of Crime Prevention claim that police do not have enough confidence that criminals will receive justice if they go to courts so rely heavily on the use of cautions.
Hayley Clayton was enjoying her first night out since the birth of her daughter and was out with her husband and work friends when she was attacked by another woman. The woman ran up, hit Mrs Clayton in the side of the head, and then ran away with her male companion. Friends called an Ambulance while Mr Clayton attempted to chase after the woman, to no avail.
Mrs Clayton was knocked unconscious during the attack and says that the next thing she remembers was waking up in Peterborough hospital. She required ten stitches to treat the injury to her head and was forced to take a week off from her job. Mrs Clayton works as a team leader in a flower factory. Her husband John works as a site co-ordinator at the same company location. They were out with work colleagues on the night of the attack.
Following the attack, the police contacted Mrs Clayton to tell her that they had apprehended the attacker. They asked her to accept a compensation payment of £100, stating that cautioning the attacker would be a waste of taxpayers’ money. Following a refusal to take the token amount, the police informed her of an increased offer of £150. Mrs Clayton declined this second offer saying that they wanted the woman to be prosecuted.
The South Wales Police have said that they use cautions as a means of deterring first time offenders and to punish criminals without having to go to court. A Ministry of Justice spokesperson has said that there will be a review into the use of all out of court disposals which would include the use of caution.
Claimants Should Avoid Mistakes For Better Criminal Injury Compensation Chances
The Criminal Injuries Compensation Authority (CICA) has strict guidelines that must be followed when they decide whether to award compensation to victims of crime in the UK. To help ensure that they receive the fairest and most reasonable offer of compensation, there are certain mistakes that criminal injury claimants should avoid making. CICA is meant as a last resort for victims who are unable to track down the culprit of the crime, or for those victims where the culprit is unable to meet compensation figures.
The crime should always be reported to the police, no matter how seemingly innocuous or minor the offence is. CICA is highly unlikely to award compensation if the victim of a crime did not report that crime to the police. Even if the claimant did not suffer any injury immediately after the incident, if they need to claim in the future then this is still an essential step.
As well as reporting the crime to police, it is important that claimants cooperate with the police during their enquiry. CICA will take a dim view of those claimants that were unwilling to take part in a criminal line-up or provide answers to police questions.
CICA will not make payment to people that were involved in any criminal act themselves, when the alleged offence took place. This means that if a person was directly involved in the crime committed, for example by starting an altercation that led to them being assaulted, or were involved in another criminal act at the time of the incident then they will not receive compensation. Failing to admit this at the time of the investigation or during the case can have serious and unwanted consequences.
There are strict deadlines and time limits associated with CICA claims. Failing to apply within the two year time limit means that a claimant will not usually be able to claim. If the victim of a crime is currently in the process of a civil claim action and the two year deadline is about to be reached, they can submit a claim to CICA in order to meet the required deadline.
Criminal Injury Victims Can Calculate Likely Compensation Figures
There are a number of factors and facts that are used by courts when determining how much compensation to pay to victims of crime that are injured during the incident. Although the exact amount awarded will differ from one case to the next, it is possible to use the guidelines that are provided by CICA in order to determine at least a ballpark figure of how much compensation an individual will receive.
Claimants should ensure that they use the very latest version of the guidelines, because there have been a number of changes made to the scheme especially over recent months. Using an outdated or superseded version of the guidelines means that the claimant would end up with an inaccurate reflection of the amount they would receive. In a lot of instances, the amounts due to claimants have been reduced so using an older version of the guidelines would lead to a figure higher than is due.
The guidelines include a “tariff of injuries”. This is effectively a price list that gives a full list of potential injuries and the financial value for each of these types of injury. Virtually all types of personal injury are listed in this section of the guidelines, ranging from relatively simple cuts and bruises to considerably more serious brain damage, head and back injuries. More complex injuries like damage to your sense of smell are also included.
Multiple injuries may be included in the compensation payment. The most serious injury will be considered the first injury and 100% of the guideline figures will be used. 30% of the second injury, and 15% of the third injury will also be included in the compensation calculations that are used to determine compensation.
Special payments are also considered by CICA and these can account for a larger portion of the payment than the injury tariff. Special treatments may include loss of earnings as well as the cost of any medical treatment that is required by the victim. If long term or specialist care is required then this too may be included as part of the compensation calculations and the amount that is awarded to the claimant.
Criminals Claim Over £1m In Community Service Compensation
It has been revealed that criminals completing their community service work have claimed more than £1m in compensation in the last year. One of the most recent cases saw a man claim £73,000 after hurting his ankle while climbing a fence to cut back brambles. It has emerged that an estimated £1.4m is spent every year meeting compensation claims from those conducting community service with awards reaching as much as £94,000 and for a variety of different types of accident.
The compensation culture in the UK has come under heavy criticism in the past few years with the government looking for ways to reduce the annual bill associated with personal injury claims such as accidents at work and criminal negligence cases. However, it has emerged that around £1.4m is paid in compensation every year to those conducting community service. Probation Service bosses have defended the payments, claiming that proper supervision should be provided and that everybody that is part of the Community Payback service should be guaranteed their safety.
One man claimed £73,000 after hurting his back when climbing over a fence to cut brambles. £95,000 was awarded to one worker after breaking his arm while falling from a ladder and another received £19,000 for hurting his back while using a wheelbarrow.
The £1.4m figure takes into account payments to offenders and staff of the Probation Services. There are 35 Probation trusts across the country and a spokesperson for the organisation said that it was their responsibility to ensure that offenders and staff were offered an appropriate degree of safety while conducting their work. He went on to say that compensation was only awarded following sound legal advice and that “vexatious claims are challenged”.
Such accidents are considered similar to accident at work claims, and in these claims it is the responsibility of employers to ensure the safety of everybody under their employ. Assuming similar responsibility falls upon the Probation Service then this means that similar compensation will be paid. However, councillors and a number of groups and organisations have spoken out about the figures with a spokesman for the Taxpayer’s Alliance saying that “prisoners and even some prison guards are exploiting Britain’s crazy compensation culture.”
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Compensation Claim Dropped By Policewoman
A policewoman that tripped and hurt her ankle while investigating a crime has dropped her claim for compensation. The Police Federation said that although she was not seeking vast sums of money she has now decided to drop the claim and that she hopes the government and police force can address any wider concerns over the issues faced by the public. The accident occurred at a Filling Station in Thetford.
PC Kelly Jones had been invstigating a break-in at the Nuns’ Bridges Filling Station in Thetford , Norfolk. During the course of the investigation, Ms Jones and the owner of the filling station, Steve Jones, were checking the outside of the building for signs of break-in when Ms Jones tripped on a kerb and injured her ankle and wrist. The WPC was claiming that Mr Jones had not adequately ensure her proper safety during the course of the investigation.
The case gained a lot of media spotlight and it was not overlooked by government either. Home Secretary, Theresa May told the Police Federation’s annual conference that she did not want a situation where people were afraid to report crimes to the police for fear of being sued and that she wanted to stop “frivolous claims” being made by police officers. She went on to say that suing a member of the public following an accident on private property is not the kind of attitude that the police should have.
The Police Federation represents police officers up to the rank of chief inspector and they covered the legal costs on behalf of Ms Jones. In April it emerged that Ms Jones may have been entitled to as much as £50,000 in compensation but the mother of two has always stated that she only wanted enough to cover her loss of earnings.
Not only did the public and the Home Secretary round on Ms Jones, but her own superior officers also stated that suing members of the public was not the way of the police and that it would undermine the confidence and trust that the public had in the modern police force.
About The Author
Safina Soni is a principal personal injury solicitor at Stocks Legal Manchester, specialising in fatal injuries, criminal injury claims and accident at work claims.
Safina has brought a wealth of experience to Stocks Legal and is a pivotal member of their executive team.
"I am very proud to be a personal injury solicitor as I know that I make a real difference to people who have suffered and continue to have problems as a result of their injuries."
As a market leader in personal injury claims, Safina is really easy to contact. You can call her for FREE on 0800 988 9055 or you can send her a confidential email by clicking here.
Criminals Claimed £13.5m From Criminal Injury Compensation Scheme In 2012
In January 2012 the government announced that victims with a previous conviction would not be allowed to claim from the Criminal Injury Compensation Scheme. However, it has emerged that 2,641 criminals were able to claim a total of £13.5m in 2012 alone, still a significant figure despite being a slight drop compared to the £15.2m claimed by 3,602 people with convictions in 2011. The scheme was relaunched in November of last year in a bid to prevent criminals from being able to claim money that is supposed to be set aside for blameless victims.
A number of reforms and changes were introduced to the scheme which included guideline amounts to be paid to victims of violent crime. Under the new regulations it would no longer be possible to claim for minor injuries. Critics of these changes pointed to the prolonged psychological and financial difficulties that were still faced even following so called minor injuries. These were introduced alongside changes to the Legal Aid scheme that the government introduced in the hope of reducing the annual Legal Aid bill by £200m a year.
The old Criminal Injury Compensation Scheme was plagued by criticism when it was discovered that the scheme was paying a quarter of a million pounds every week to criminals. Even Ian Huntley, the Soham murderer, was known to have submitted a claim for £15,000 after a prisoner slashed his throat. The system came under fire and the government moved to prevent such claims from being made in the future.
In November 2012, the Criminal Injury Compensation Scheme was relaunched in an attempt to prevent criminals from being able to claim compensation. Under the new guidelines, although minor injuries are not covered any more, criminals with serious unspent convictions will have their claims automatically rejected. This means that criminals in prison and those serving community sentences for serious crimes will no longer be able to claim under the new guidelines.
The Criminal Injury Compensation Scheme is still available to victims of criminal attacks that suffer anything other than minor injuries. These injuries may be physical or emotional and as well as paying out the appropriate compensation, the scheme also sets out the exact amount that will be awarded for specific injuries and the severity of those injuries.
Speaking about the 2012 figures, a spokesperson for the Ministry of Justice has said that they are historical figures and that those with unspent convictions have been instantly refused since November 2012. This means that when the next set of figures are released for 2013 it seems likely that the figure will, at the very least, have dropped off significantly.
Chief Executive of the Taxpayers’ Alliance, Matthew Sinclair, has described the loophole as “appalling” and suggested that while the move was a positive one it should have been taken immediately in order to prevent the flurry of criminals that claimed compensation before the deadline closed. He went on to say that the “compensation culture has gotten out of hand.”
MAKING A CLAIM
Making a claim for your personal injuries with Stocks Legal is really easy. You can speak to an experienced personal injury solicitor today by calling 0800 988 9055 or you can use our online claim enquiry form by clicking here. There is no obligation and you have nothing to lose by speaking to us.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
Criminal Injuries Compensation Scheme Guide Published
Following sweeping changes to various areas of personal injury law and, specifically, to the Criminal Injuries Compensation Scheme, an updated guide has been published on the government’s website. The guide gives details on eligibility, how to claim, and the types of payment that can be included in a claim. Changes to the scheme now mean that claimants are not able to make a claim for minor injuries and that criminals with an unspent conviction will have their claims automatically declined.
The scheme was set up so that victims of violent crime had a last resort to claim required compensation from. The guide reiterates the point that it should be viewed solely as a last resort and not a first port of call. Victims and their solicitors should attempt to claim compensation from the guilty party and, only if this fails, should the Criminal Injuries Compensation Scheme be used in order to prevent recompense to victims of crime. With that said, the Scheme can prove highly beneficial to those victims that are not able to locate, identify, or claim from the offending party.
In order to be eligible to claim via the Scheme it is necessary for the claimant to prove that they were the direct victim of a crime. They must also be able to show that they were not responsible for the crime and that the crime was reported to police. It is necessary to show that injury, either physical or mental, was sustained as a result of the crime and that all other avenues of recompense have been fully exhausted.
It is necessary for claimants to bring their case within a period of two years of the incident occurring. However, there are exceptions to this statute so if it was not possible to claim within this period then it may still be possible to seek compensation from the scheme. A lack of knowledge of the scheme may not be considered an exceptional circumstance which means that this will not usually be a defence for claiming beyond the two year statute.
There are a number of different types of claim which may be made and the compensation awarded may be made up of injury payments, loss of earnings, special expenses, bereavement payments, dependency payments, and funeral payments. The Court will determine the extent of an injury and award injury compensation between £1,000 and £250,000. For those injuries considered minor enough that compensation is less than £1,000, no compensation will be awarded.
One of the major changes introduced to the scheme at the end of last year saw those with unspent criminal convictions having their applications rejected automatically. It is also possible that people with a criminal record may have their compensation payments reduced. Furthermore, minor injuries are no longer covered by the Scheme; the latter has proven to be an unpopular move. Critics have pointed out that even minor injuries can lead to long term psychological effects. The minimum injury payment is now set at £1,000 as a result of this change.
You can download a copy of the new CICA guidance by clicking here or call us on 0800 988 9055 or you can send us an email by clicking here.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
TUC Accuses Government Of Brainwashing Over “Compensation Culture” Claims
The Trades Union Congress, or TUC, has said that the government is guilty of brainwashing the country into believing that there is a compensation culture and attempting to vilify those that have a legitimate cause to claim compensation for their workplace injuries. The TUC has said that the government, backed by Prime Minister David Cameron, is making this move in order to be able to reduce or remove the health and safety laws that are currently in place to protect workers.
The whole personal injury process has come under extensive changes in recent months as the government has attempts to reduce the amount of funding it receives while similarly reducing the amount of bureaucracy and red tape that is met by employers. These reforms have already been criticised by many organisations, individuals, and even the government’s own lawyers. This isn’t the only area in which the government shakeup is proving unsuccessful either.
The Health and Safety Executive, the HSE, has also released plans to change health and safety laws. These changes would mean that fewer near misses would have to be reported while there would be considerably fewer illnesses and injuries listed for companies that do need to submit a report. The HSE believes that this will cut the cost to businesses by millions of pounds a year but some of the proposed changes have been hit by criticism. The proposals are set to come into force in October 2013 but do not yet have parliamentary approval, which would be required.
Hazards, with the backing of the TUC, conducted a study and published a report on the success rate of work related injury claimants. The figures show that the success rate of such claims has plummeted 60% in the past decade.
TUC General Secretary Frances O’Grady said that “the government is trying to brainwash people into thinking the UK has a rife compensation culture” and he went on to say that the likely outcome of the changes would mean a “much higher rate of accidents, injuries and illnesses in the future”.
