The following PI & Clinical Negligence practice note produced in partnership with Neil Sugarman of GLP Solicitors provides comprehensive and up to date legal information covering:
While a victim of crime can bring a civil claim for damages for personal injuries against an attacker, this is only worthwhile if the prospective defendant has the means to pay any damages awarded by the court. A civil claim may also be considered if an employer may be found vicariously liable or where a public authority may be held liable. A victim of a crime of violence can, however, apply for compensation under the Criminal Injuries Compensation Scheme.
There have been numerous criminal injuries compensation schemes set up to provide compensation for individuals who have sustained injury. The most recent schemes are:
the 2008 scheme which applies for all applications lodged after 3 November 2008
the amended 2012 scheme which came into force on 13 June 2019 (the previous Criminal Injuries Compensation Scheme 2012 applied for applications lodged on or after 27 November 2012)
The amended 2012 scheme removed the pre-1979 ‘same roof’ rule. For further information, see: Ineligibility and reductions to the award below.
Applications for compensation are made to the Criminal Injuries Compensation Authority (CICA), which will determine whether the applicant has suffered a qualifying criminal injury, whether they are eligible to receive compensation and, if so, the level of compensation to be awarded.
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