The following PI & Clinical Negligence guidance note Produced in partnership with Neil Sugarman of GLP Solicitors provides comprehensive and up to date legal information covering:
There is a set tariff of awards for the victim of a criminal injury, ranging from £1,000 to £250,000. The tariff covers all types of injury including physical injuries, psychological injuries, child loss, sexual abuse or assault and the infection of life-threatening diseases. In the 2008 Scheme it is included as an Index. In the 2012 Scheme it is contained at Annex A which deals with physical and mental health injury and Annex B which covers sexual and physical abuse and other payments.
Compensation is fixed by the Criminal Injuries Compensation Authority (CICA) on this tariff-based scheme. It is based on medical evidence. Since 2012 the onus has been on the applicant to supply that evidence although the CICA has discretion to commission specific medical evidence.
Where an applicant has suffered multiple injuries, they can claim the tariff amount for the highest rated injury, plus 30% of the tariff amount for the second highest rated injury, plus 15% of the tariff amount for the third highest rated injury.
Compensation for multiple minor injuries is only recoverable under the 2008 Scheme where two visits had actually been made to or by a medical practitioner within six weeks of the incident. The word ‘necessitated’ in the Scheme was to be construed as resulting in actual visits and not as
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