Criminal Solicitors Manchester Compensation Claims
Crime in the UK does exist and unfortunately sometimes innocent bystanders can get caught up during the criminal act and can get injured as a result. If this sounds familiar and you have been the victim of a violent crime in the UK, you may be entitled to claim for compensation.
This will depend on a number of factors which will be explained on this page. If you have any questions regarding this type of injury claim, please contact criminal solicitors manchester using the form provided.
Who do I claim against for Compensation?
If you have sustained an injury due to a violent crime in the UK, you could be entitled to make a personal injury claim for compensation. There are 3 ways you can go about this:
- The first and probably most obvious method is to make a personal injury compensation claim directly against the assailant. Personal Injury Solicitors Manchester does not recommend this type of claim. The reason being that even if your claim for compensation was successful, it is difficult to enforce the judgement. This means that you would not receive any compensation from the other party, even if your case is won.
- The second method is to make a personal injury claim against your employer. This method doesn’t apply to every case, only to the cases where your injury occurred in your workplace and you feel that your employer exposed you to an unnecessary and foreseeable risk of injury which could have been avoided with the correct safety measures put in place. This type of case would be an accident at work compensation claim which would be made against your employer’s insurance.
- The third method is to make a claim against the Criminal Injuries Compensation Authority (CICA). This organisation was set up by the government to deal with compensation claims that happened to people who have been physically or mentally injured because they were the blameless victim of a violent crime in England, Scotland or Wales. (not in northern ireland).
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Information about the CICA
The main purpose of the CICA is to compensate victims of violent crime. There have been changes made to the scheme due to government reforms which means that there are specific criteria to be met in order to be eligible to claim via the CICA. They are as follows:
- You must be a UK resident or member of the EEA and certain types of incident may not be covered under the scheme.
- You must have reported the assault to the police.
- There is a 2 year deadline for making your personal injury compensation claim.
- The claim in question must be valued at over £1000 as the scheme deals with serious injuries only.
- No legal costs are payable. This means that you will have to cover costs if you were to employ the services of a personal injury solicitor firm, or you can deal with the CICA directly. If you are a Trade Union member, you may be entitled to free legal advise. You must contact them to find out.
- Any loss of earnings for the first 28 weeks is not covered by your claim for compensation and there is a cap on the amount you can claim for indemnity, i.e. loss of earnings.
There is the option to make a personal injury claim for compensation through both the CICA and your employer, or the assailant directly, however the amount of compensation you receive from either your employer or assailant (if any) will be deducted from any compensation claim paid by the CICA.
On the flip side if the civil damages exceeded any CICA rewards, all the compensation received from the CICA would have to be refunded.
How can we help you?
We usually can help you when the claim is against your employer, however we cannot help when dealing with a claim through the CICA (as mentioned above). We usually recommend to proceed directly with them without the help of a solicitor.
If you require more information regarding any criminal injury compensation claims, please contact us on 0161 82 11 229 or fill out the form provided.