C* approached Farleys’ personal injury specialists to seek assistance in appealing a decision from the Criminal Injuries Compensation Authority in relation to a criminal injury compensation claim.

Background

In 2021, C was horrifically attacked by their partner in their home and sustained physical injuries, including a broken wrist, scarring to the face, and some loss of sensation to the face.  They also suffered psychologically, as a result of the attack.

C made a claim to the Criminal Injuries Compensation Authority (CICA) shortly after the attack. 18 months after the attack, C was awarded £3,075 by the CICA for the facial scarring, fractured wrist, and minor head injury.  C asked the CICA to review their decision on the basis that they had not compensated C for their psychological injuries.  3 months later, the CICA advised they were not prepared to increase their award.

How Farleys Were Able to Help

C then approached Jade Jump, solicitor in Farleys’ personal injury team, after receiving the CICA’s second decision letter. C asked if Jade would be prepared to help with an appeal to the HM Courts & Tribunal Service, who are independent of the CICA and will hear appeal hearings in these circumstances.

Jade appealed the decision and secured a pause on the claim while C was seen by a psychiatrist to determine the extent of their psychological injuries.

Jade obtained three reports from the psychiatrist and the CICA also obtained their own evidence from a psychologist. Our psychiatrist was of the opinion that C’s psychological injuries were moderately disabling and that they would be permanent. The CICA’s expert was initially of the opinion that C’s symptoms would resolve within 2-5 years. The expert then changed to say that they would resolve after 5 years but would not be permanent.

Jade instructed a barrister to assist with the appeal hearings. The final hearing consisted of a representative for both C and the CICA, an independent medical expert, and the tribunal judge. The judge listed to submission from both C’s barrister and the CICA’s representative and considered all the medical evidence.

The final decision from the Tribunal was that the medical evidence from C’s expert was preferred and C should be awarded £20,080. This was an increase of £17,005 from the CICA’s initial award. C was very happy with the outcome of the appeal.

Jade commented,

I was pleased to have been able to successfully appeal the CICA’s decision in this case and get a significant increase in the damages awarded to C, which were thoroughly deserved after their horrific experience. I wish them the very best in moving forward with their life now this chapter has closed.

Contact a Specialist in Criminal Injury Compensation Claims

If you have suffered injuries as a result of a criminal act such as an assault, you may be entitled to make a claim for compensation through the CICA. Farleys’ personal injury specialists have extensive experience in acting for clients in these types of claims.

In addition, if you have already commenced a claim through the CICA but are unhappy with the progress or the award you have been offered, our experts are on hand to advise you on your next steps or support you in an appeal. To discuss your case in confidence, please call 0845 287 0939, get in touch by email, or use the online chat below.

*Client’s name has been anonymised to protect their privacy.