The case study below is in relation to a case dealt with by Jonathan Bridge who heads our AADA Department and specialises in Criminal Injuries Compensation Authority (CICA) claims for victims of abuse. The facts are a stark reminder of why it is important to get specialist advice in dealing with this type of case.
Client B had an appointment with Jonathan in September of 2021.
Client B had suffered abuse as a child and had had issues in adulthood culminating in a diagnosis of complex post-traumatic stress disorder. Jonathan gave Client B preliminary advice confirming that she had good grounds to bring a CICA claim but that it would be quite complex and there would be issues in relation to the claim being brought out of time and in quantifying the claim.
Client B took the decision that rather than using a solicitor she would pursue the claim herself.
Client B got back in touch with Jonathan in October of 2022.
She had successfully dealt with the CICA claim on her own up to that point. She had worked closely with the CICA and had even attended an appointment with a clinical psychologist that they had chosen. As a result, she had secured an offer of £14,000 in relation to the abuse that she had suffered.
She was unsure on whether to accept this offer but felt that it was too low.
Jonathan discussed the case with her and confirmed that he felt that the claim should have a far higher value and that the CICA’s offer was unreasonable. Client B agreed to instruct Farleys and a detailed Schedule of Loss was prepared. A review application was submitted on behalf of Client B and within 2 months a revised offer was received from the CICA in the sum of £228,233.
The initial offer had undervalued the tariff and failed to take account of any of the earnings that the applicant had lost as a result of the abuse.
Following on from Farleys’ representations, Client B secured the appropriate tariff award and also a full past and future loss of earnings award.
This case is a perfect example of why you should use a specialist solicitor in dealing with this type of matter. The CICA’s quantification of the claim seemed to entirely disregard the medical evidence that they themselves had commissioned. Had Client B not spoken with Jonathan, she may have been inclined to accept the offer. £14,000 is a lot of money, particularly at the present time, and some clients may have accepted the offer without seeking advice. It is concerning that the CICA could make an offer and, without any additional medical evidence, revise the offer to the extent that they did.
CICA applicants should always be extremely careful when dealing with claims without representation to ensure that they receive appropriate damages.
Whilst many people are reluctant to pay solicitors out of their damages for the advice provided, it is often false economy to attempt to deal with the claim on your own.
To speak to a specialist in confidence about your prospects for bringing a CICA abuse claim, please call our dedicated abuse line on 0330 134 6430, contact us by email or use the online chat below. You can find more CICA claim case studies here.