Criminal Injury....Compensation?

Discussion in 'Finance, Property, Law' started by blonde_guy, Oct 29, 2009.

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  1. Now I was badly attacked last Saturday night, resulting in a couple of nights in hospital & a bit of time off work.

    Now I have a quick question, am I entitled to any compensation?

    I don't mean the ambulance chasing where-theres-a-blame-theres-a-claim Janine "got £3000 for tripping over her shoelaces" kind of stuff. Rather just things to cover my own expenses incurred. I'm not looking for some stupid amount.

    I get no sick pay, am off work for a bit and all in all I'm actually going to be down a good few hundred quid. Also in the attack itself, I lost a good couple fo hundreds quid worth of clothes damaged/ruined or taken as evidence.

    Now is there some sort of court/government run compo scheme? Or will I just have to take it on the chin and lose some cash.

    Cheers guys,

    blonde_guy
     
  2. Grownup_Rafbrat

    Grownup_Rafbrat LE Good Egg (charities)

    There is a Criminal Injuries Compensation Board, or there used to be.

    Google could be your friend?
     
  3. Yes Google is your friend
     
  4. Had a look at that and that seems to be only for very specific wounds, of which I am not sure mine would be.
     
  5. ive claimed this before. Phone them and they should send you a pack regarding all injuries and value. Be advised most cases take up to 2 years.
     
  6. Well, tell us what the wounds are?
     
  7. Stab wound to the chest, defensive wounds on the hands.
     
  8. Taken from Magistrates’ court sentencing guidelines. So this is what the courts will hopefully look at.

    1. The court must consider making a compensation order in any case where personal injury, loss or
    damage has resulted from the offence.1 It can either be a sentence in its own right or an ancillary order.
    The court must give reasons if it decides not to order compensation.

    2. Up to £5,000 compensation may be imposed in respect of each offence of which the offender has
    been convicted.2 Compensation may also be ordered in respect of offences taken into consideration.
    The total amount of compensation must not exceed the maximum available for the offence(s) of which
    the offender has been convicted so that, e.g., where an offender has been convicted of two offences,
    the maximum amount of compensation able to be awarded is £10,000 regardless of the number of
    offences taken into consideration.

    3. Where the personal injury, loss or damage arises from a road accident, a compensation order may be
    made only if there is a conviction for an offence under the Theft Act 1968, or the offender is uninsured
    and the Motor Insurers’ Bureau will not cover the loss.3 Compensation paid by the Motor Insurers’
    Bureau is subject to an excess of £300.

    4. Subject to consideration of the victim’s views (see paragraph 6 below), the court must order
    compensation wherever possible and should not have regard to the availability of other sources such
    as civil litigation or the Criminal Injuries Compensation Scheme. Any amount paid by an offender under
    a compensation order will generally be deducted from a subsequent civil award or payment under the
    Scheme to avoid double compensation.4

    5. Compensation may be ordered for such amount as the court considers appropriate having regard to
    any evidence and any representations made by the offender or prosecutor.5 The court must also take
    into account the offender’s means (see also paragraphs 11-13 below).6

    6. Compensation should benefit, not inflict further harm on, the victim. Any financial recompense from
    the offender may cause distress. A victim may or may not want compensation from the offender and
    assumptions should not be made either way. The victim’s views are properly obtained through sensitive
    discussion by the police or witness care unit, when it can be explained that the offender’s ability to pay will ultimately determine whether, and how much, compensation is ordered and whether the compensation will be paid in one lump sum or by instalments. If the victim does not want compensation, this should be made known to the court and respected.

    7. In cases where it is difficult to ascertain the full amount of the loss suffered by the victim, consideration
    should be given to making a compensation order for an amount representing the agreed or likely loss.
    Where relevant information is not immediately available, it may be appropriate to grant an adjournment
    for it to be obtained.

    8. The court should consider two types of loss:
    • financial loss sustained as a result of the offence such as the cost of repairing damage or, in case
    of injury, any loss of earnings or medical expenses;
    • pain and suffering caused by the injury (including terror, shock or distress) and any loss of facility.
    This should be assessed in light of all factors that appear to the court to be relevant, including
    any medical evidence, the victim’s age and personal circumstances.

    1 Powers of Criminal Courts (Sentencing) Act 2000, s.130
    2 ibid., s.131(1)
    3 ibid., s.130(6)
    4 The minimum amount payable under the Criminal Injuries Compensation Scheme is £1,000
    5 Powers of Criminal Courts (Sentencing) Act 2000, s.130(4)
    6 ibid., s.130(11)

    9. The tables below suggest starting points for compensating physical and mental injuries commonly
    encountered in a magistrates’ court. They have been developed to be consistent with the approach in
    the Criminal Injuries Compensation Authority tariff (revised 2001), available at: www.cica.gov.uk


    Physical injury
    Type of injury Description and Starting point
    Graze Depending on size Up to £75
    Bruise Depending on size Up to £100
    Cut: no permanent scar Depending on size and whether stitched £100 – 500
    Black eye £125
    Eye Blurred or double vision lasting up to 6 weeks Up to £1,000
    Blurred or double vision lasting for 6 to 13 weeks £1,000
    Blurred or double vision lasting for more than 13 weeks (recovery expected) £1,750
    Brain Concussion lasting one week £1,500
    Nose Undisplaced fracture of nasal bone £1,000
    Displaced fracture requiring manipulation £2,000
    Deviated nasal septum requiring septoplasty £2,000
    Loss of non-front tooth (Depending on cosmetic effect) £1,250
    Loss of front tooth (Depending on cosmetic effect) £1,750
    Facial scar Minor disfigurement (permanent) £1,500
    Arm Fractured humerus, radius, ulna (substantial recovery) £3,300
    Shoulder Dislocated (substantial recovery) £1,750
    Wrist Dislocated/fractured – including scaphoid fracture
    (substantial recovery) £3,300
    Fractured – colles type (substantial recovery) £4,400
    Sprained wrist, ankle Disabling for up to 6 weeks Up to £1,000
    Disabling for 6 to 13 weeks £1,000
    Disabling for more than 13 weeks £2,500
    Finger Fractured finger other than index finger (substantial
    recovery) £1,000
    Fractured index finger (substantial recovery) £1,750
    Fractured thumb (substantial recovery) £2,000
    Leg Fractured fibula (substantial recovery) £2,500
    Fractured femur, tibia (substantial recovery) £3,800
    Abdomen Injury requiring laparotomy £3,800
     
  9. yes sure you are entitled to compensation.You can consult your lawyer for more.
     
  10. If anybody is charged, then as stated the court can award compensation. The police should provide with a form to fill in which gets sent with the case papers(then lost by the CPS). It's then the courts desicion as to wether it's award it or not.
     
  11. You don't say if your going through the courts or not.

    If youa re going through the courts then JP's would (on a guilty verdict) determine compensation. From what you say, we would be hard pushed not to award it. But it makes our lives easier if you can say exactly what compensation you would wish and reasons why.
     
  12. Like I said, as a temp I didn't get sick leave, so all I'd really look to be getting back is my loss of earnings for a week and maybe enough to replace my ruined clothes.

    Since my original post I have received the forms from the court system regarding compo.
     
  13. I was awarded compo after being left with permanent facial scar. I didn't ask for compensation, the court just awarded it.

    I'm pretty sure it is only paid out on the level of injuries you received rather than any loss of earnings per se.
     
  14. I think it can be for either/both.....the form has a section to detail any items damaged/lost through the incident, as well as further sections for loss of earnings and any medical complications.

    I shall fill it all in and send it off, and wait and see when it eventually goes to trial!