Personal Injury Claims – What can you claim?
The Criminal Injuries Compensation Authority (CICA) pays compensation to the victims of crimes of violence, arson, poisoning or to a person injured in an attempted apprehension of an offender or the attempted prevention of an offence. Injuries to victims sustained whilst trying to assist police officers to apprehend a suspect are also included in the scheme.
As with personal injury law generally, an injury can be physical or mental and can amount to sexual abuse being a one-off incident or repeated conduct, as long as it is directly attributable to a crime (as defined).
There is generally a time limit of two years, which can be waived with good reason. It is not necessary that the assailant should have been convicted but it is essential in most cases to report the matter to the police or other enforcement authority and help with any prosecution.
Applicants for compensation must be of good character. Previous convictions can reduce the award, as can any conduct which brought about the attack on the victim, such as rude or insulting behaviour directed to an assailant who then attacks the person who insulted him.
The value of the claim is decided by reference to a tariff. It is vital to have evidence to support the claim since the CICA will make no award unless there is medical evidence in support. The tariff became far less generous to claimants in November 2012.
