There are times when, having made a claim for criminal injury, you receive a lower than expected level of compensation. However, this is not necessarily the end of the line and we are often asked, “Can I appeal a failed criminal injury claim?” You are entitled to apply, in writing, for a review of your claim for up to 56 days after the original decision. Any additional evidence you submit to support your application will be passed to a claims officer, an individual who was not involved in your original claim, for evaluation.
If you are considering requesting the reconsideration of a claim it is important to take advice from an expert in this field, such as Accident Advice Helpline. You should be aware that, though it is possible for reviews to result in more compensation, a reduced amount may also be awarded. Therefore, you must carefully consider the initial offer before pursuing this route.
What if I disagree with a review decision?
When you receive the results of a reviewed claim they will include a form that enables you to submit an appeal to the First-tier Tribunal if you disagree with the decision. This tribunal must receive your appeal, along with additional supporting evidence and explanations, within 90 days of your review decision.
We at Accident Advice Helpline suggest you contact us for an expert appraisal of your failed criminal injury claim. If you decide to appeal, the First-tier tribunal may conduct an oral hearing, in which your case must be argued. It is also worth noting that the First-tier tribunal has the final word; if they reduce or reject your claim entirely there is no route of appeal unless their decision fails to comply with the law for some reason.
If your criminal injury claim fails or you disagree with the outcome Accident Advice Helpline can help you decide if a review is worth pursuing. If it is, our helpful team will be there to help you every step of the way.
What if medical circumstances change after a claim is settled?
The key question here is, ‘can I appeal a failed criminal injury claim on medical grounds?’ You can, if within two years of making the claim your medical status changes. It is possible for internal injuries, emotional trauma and even death to occur at some point after the original injury. In cases where medical professionals agree the initial criminal injury is to blame, it is possible for the Criminal Injuries Compensation Authority to re-open the claim if requested to do so.
A re-opened claim will be evaluated much like a review or initial claim, by taking into account the new evidence. The revised claim will then be measured against the tariff system, its merits considered for possible amendment and any additional compensation will be paid.
When unexpected medical problems appear years after the original incident it can be a traumatising and worrying time, but Accident Advice Helpline can help you re-open your claim and secure financial peace of mind. All it takes is a quick phone call to ensure you don’t miss out on the compensation you deserve.
Date Published: October 13, 2013
Author: David Brown