Client D instructed Jonathan Bridge at Farleys Solicitors in January of 2018.
Client D had suffered serious sexual abuse at the hands of her step father between the age of 10 and 16.
On the basis of the initial instructions it was clear that Client D had a potential claim for damages from the Criminal Injuries Compensation Authority. The claim presented many difficulties.
Firstly under the terms of the CICA Scheme, any claim has to be submitted within 2 years of an incident arising or, in the case of a child, by the age of 20. In this particular case the claim was already 16 year out of time when Client D provided instruction.
Farleys were able to persuade the CICA to allow the claim to proceed even though there had been a 16 year delay. It was accepted that the psychiatric impact of the abuse was such that Client D could not have progressed the claim at an earlier stage.
Client D reported ongoing psychiatric symptoms and a diagnosis of Post Traumatic Stress Disorder. It was clear that the abuse had had a profound effect upon Client D who had already had absence from work as a result of her ongoing psychiatric symptoms.
It became clear that Client D’s case was not straightforward and that medical evidence would be required. In many CICA claims awards are made without recourse to a medical expert.
In this particular case it was clear that medical evidence would be required partly to establish the extent of the psychiatric injury and also to confirm whether the Past and Future Loss of Earnings were solely attributable to the psychiatric injury arising from the sexual abuse.
An appropriate expert was accordingly instructed and medical evidence obtained. That evidence was supportive of the case and on the basis of the report a Schedule of Loss was prepared claiming a tariff award in relation to the psychiatric injury following abuse, a Past Loss of Earnings claim and a Future Loss of Earnings award. The prognosis for Client D was hopeful and with appropriate treatment it was anticipated that she would eventually return to employment.
A detailed Schedule of Loss was prepared for the CICA. The award made reflected the amount claimed in the Schedule with Client D eventually being offered the sum of £103,812.
Farleys were also able to persuade the CICA to make an interim payment in this case. This is unusual but in this particular case the CICA were prepared to pay the Applicant monies pending conclusion of the claim to help her because of financial hardship.
If you have suffered abuse at the hands of a family member and would like to speak to someone in confidence about your experience, please contact Farleys’ specialist abuse team on 0330 134 6430 or email firstname.lastname@example.org and a member of the team will contact you.