If you have been injured as a result of a criminal assault, you are likely to want to know, “Can I claim for an assault related injury?” The simple answer is that you can make a claim against the CICA or your assailant. To ensure the success of your claim, you should get the names of witnesses, photograph your injuries at the earliest opportunity and report the matter to the police in order to have an official record of the incident.
If your attacker is not insured against assault claims, it may not be worth suing him or her. However, if your assailant was acting in the course of his or her employment, suing their employer may be worthwhile, as most business owners have insurance against assault claims. Although the police may decide to start criminal proceedings against your aggressor, it is not necessary to wait until they are convicted in order to file your compensation claim.
Assault related injury claims
Unlike other types of compensation claims, making one for an assault related injury must comply with specific limits on what can be claimed in terms of losses. Furthermore, the legal costs incurred in claiming compensation for an injury resulting from an assault are not always recoverable.
If you decide to go to court to obtain the compensatory award you are seeking it is important that you provide accurate information about all your injuries and losses. Additionally, it is advisable to approach us, the solicitors working at Accident Advice Helpline, to get the advice and support you need in order to apply for compensation. If your attacker is convicted by the court, he or she may be ordered to pay compensation for your injuries and any associated financial losses.
The amount you will be able to claim as compensation depends on the severity of your injuries, the total cost of medical treatment and what your offender can afford to pay. However, most compensation awards for assault related injuries do not exceed £5,000. If the court makes the compensation order, it is responsible for making sure your attacker pays the award.
Dealing with financial problems
Dealing with financial problems after you have suffered an injury as a result of an assault is not easy, especially when you know that the incident was not your fault. This is one of the reasons why we are here to help ensure you receive compensation for your financial losses. If a member of your family has been injured or killed in an assault, we can also help you file a compensation claim for the loss of financial support. In addition to providing the legal advice you need in order to file such a claim, we recommend that you consult a financial adviser, who can assist you in managing your finances more efficiently.
If you decide to take legal action over an assault related injury, you should consult our experienced solicitors, who can offer you any information you may require about compensation claims and help you fill out the documents you must submit in order to receive the compensatory award you deserve. To speak to one of our personal injury solicitors give us a call on 0800 689 0500.
Date Published: December 29, 2013
Author: David Brown