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How will my CICA Claim be dealt with Gartons Solicitors

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					  How will my CICA Claim be dealt with?


A Gartons Solicitors guide to claiming an award from
   the Criminal Injuries Compensation Authority.




                Call us on 0113 2310766
                 Gartons Solicitors–making your claim
Thank you for instructing Gartons Solicitors to act on your behalf with your claim to the
Criminal Injuries Compensation Authority.


This brief guide is designed to show you how your claim to the CICA will be dealt with,
what we will be doing for you and what assistance we will need for you.


The guide is not meant to replace expert legal advice; it’s just an overview . If you have
any questions at all as to how your claim is progressing or how the CICA scheme works
in general please call me, Henry Scanlon on 0113 2310766 or email me at
hscanlon@gartonsolicitors.co.uk




                                 Call us on 0113 2310766
                          Getting your instructions
As I mentioned when we spoke, I will arrange for one of our field agents to call upon
you, at your convenience, to help you complete the application form, as well as
completing all the required paperwork so that we can start your claim as soon as
possible.
Once your completed application has been received I will make any further enquiries
required to allow the CICA to process your claim, this may entail obtaining crime
reference numbers, hospital details etc.
Once submitted, I will continue to monitor the progress of your claim and keep you
updated as to any developments as and when they happen.




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                     How you can help us with your claim

The CICA will, at various stages of your claim, ask for forms relating to lost income,
treatment etc. to be completed. I will ask you to complete these and then return them to
me for sending them on to the CICA; if you have any questions about the form or need
some help completing it, just call me. We will always provide you with a prepaid
envelope to make matters as easy as possible for you.
If you have been scarred I will ask you for photographs of the scarring, these can be
prints or you can email them me at hscanlon@gartonsolicitors.co.uk. Please don’t send
me any pictures of the injury just after the assault; the CICA are only interested in
scarring and not the original injury.
The CICA can reduce or refuse an award if you don’t cooperate with them so I would ask
that you let me have any forms back as soon as possible. This will also help speed up the
settlement of your claim.



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                              What can I claim for ?

Injuries
When it comes to injuries the CICA is not meant to provide compensation on par with
say, injuries sustained in a car accident, there is set tariff that determines how much you
are paid for an injury regardless of your age, sex, physical ability etc.
The Tariff Scheme lists over a 1000 types of injury and each one is given a number
between 1 and 25 and each number is given a set level of damages.
Examples of awards are:                              level      £
nScarring   to the face – significant disbursement    9       4,400.00
nDislocated   jaw –substantial recovery               5       2,200.00
nLoss   of sight – one eye                            17      22,000.00



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                         If you suffered multiple injuries.
If you suffered more than one injury then you will receive payment on the following
sliding scale:
Most serious injury                100% of tariff level
Second most serious injury         30% of tariff level
Third most serious injury          15% of tariff level
So say you received the following injuries                         you would get
n   Loss of sight – one eye        -           22,000     100%      22,000
n   Scarring to the face – sig. disf.            4,400       30%     1,320
n   Dislocated jaw – subs recov.                 2,200       15%       330

                                               total award           £23650

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                      Time off work/unable to find work
You are only entitled to claim for lost income only once you have been absent from work for 28
weeks and then you can only claim for that period onwards, basically you get nothing for the first 28
weeks (this is meant to represent the period you will receive statutory sick pay). This 28 week can be
broken up so that if you were off work for say, 6 weeks then went back to work for three weeks
before you were off again you can count the first 6 weeks towards the 28 weeks required.
This 28 week period applies even if you are self-employed.
The amount you can claim for lost income is restricted to 1.5 times of the national average income so
if you are a brain surgeon who earns £250,000.00 a year then your lost income claim will be severely
restricted.
Any claim for lost income will be subject to the deduction of any benefits you may have received as a
result of the incident.
If your injuries are severe and will mean a long time off work your claim be settled to take account of
what you would earn in the future until you are able to return to work.
Even if you weren’t working at the time of the assault you can claim for what you could have earned
had you been able to work



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                      Other financial losses you can claim
Surgical appliances – if you need for instance a walking stick or dental work you can claim the cost
of such but only if you have been absent from work for more than 28 weeks.
Care and assistance – you can claim for any help or support you may have received from family or
friends even though you it was given freely. It may have been help with washing or dressing, it may
have been moral support and generally helping you cope with your ordeal. This free care is
recognised by the CICA as a genuine need and result of the assault.
If you are receiving help recovering it would help if you get a diary setting out who
helped when and for how long.
Other financial losses may include:
n   long periods of care and medical treatment on a professional basis.
n   alterations to your home to accommodate your disability.
With information obtained from employers, family, friends etc and reports I get from experts I will
prepare the schedules needed to prove your losses to the CICA.



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                                             In summary
The CICA make payment for:
ninjuries,   including psychological,
nlost   income
nthe    cost of care and treatment etc.
The most that can be awarded for an injury is £250,000.00 with payments for multiple injuries
subject to the sliding scale with an overall maximum award of £500,000.00.




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                             Frequently Asked Questions
I am here to answer any questions you may have either about your own claim or how
the scheme works but here are some of the more usual questions you may have:

Q. My attacker was not found/not charged/found not guilty, will this affect my claim.
A. No, the CICA will accept your application as long as they convinced on ‘ a balance of probability’
that you were the victim of a violent crime. ‘a balance of probability’ really means ‘was it more likely
than not’ that you were the victim of a violent crime and if the answer is ‘yes’ then you are entitled to
make a claim.
Q. A witness to the attack has, as a result, developed psychological problems, can they
claim.
A. Yes, they are known as secondary victims and can make a claim in their own right as long as:
n   there were strong family ties or affection between you and the secondary victim
n   their problems are as a direct result of witnessing the assault or the immediate aftermath.



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                  Frequently Asked Questions (cont.)
Q. How long will my claim take ?
A. The CICA state that they will try to deal with all claims in 9 months, this isn’t always
the case and matters can last upto 2 years. The problem is not always the CICA’s fault;
they need to obtain records and reports from the police, the courts, doctors, hospitals etc
and if these requests go unanswered there will inevitably be delays.
Gartons will assist the CICA where they can in obtaining such information and we will let
you know as soon as anything happens

Q. I have got some criminal convictions will this have any bearing on my claim.
A. The CICA will take account of your convictions and, depending on when they were
and what the sentence was, will ‘award’ you points and your award can be reduced from
between 0-100% depending upon the number of points you have. The CICA don’t
consider the type of offence just the date and sentence given.

                                Call us on 0113 2310766
                            Further Information
If you have any further questions about your claim or how the CICA scheme works then
contact me, Henry Scanlon, on 0113 2310766 or by email at:
hscanlon@gartonsolicitors.co.uk




                              Call us on 0113 2310766

				
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