We overturned CICA’s desicion that this victim was a genuine victim of crime

In Blog, Type of Claims by AAH

Mr S was originally represented in the initial stages by a national firm. Mr S submitted to the CICA that he was seriously assaulted in the early hours of the morning inNorth London and sustained serious injuries to his head which necessitated spending up to two months in hospital.

His argument that the injuries sustained could only have been caused as a result of a serious assault by an instrument rather than colliding with a wooden seat as he reversed his car into it.

The matter was taken over by us and we acted for him on what is now called a Damage Based Agreement. We had agreed to charge him for our time provided his Appeal was successful and if it was we would take our fees from the damages he would recover. This is the type of agreement used for all CICA claims when a Solicitor is instructed as CICA do not pay for legal fees separately.

The case took about three years before it finally came up for review by a panel.  A panel review is of the first instance. In a review there is an opportunity to present the case in person and eye witnesses evidence was given on behalf of Mr S by his witnesses, himself and the expert medical opinion in writing. At the first review the panel agreed that he was a victim of crime (rather than a Road Traffic Accident as originally suggested by CICA) and for his claim to then be valued in totality.

Mr S was pursuing a claim for his injury which included neurological damage and psychological injuries. Mr S had never returned to work and was pursuing a claim for loss of income. (The CICA will consider an award for loss of income if it exceeds 6 months.)The evidence at the Hearing also highlighted that in fact Mr S at the relevant time was working and also claiming benefit.  This is considered under the Scheme as conduct which would entitle the Panel to reduce or not allow any award at all. In this instance, because of his conduct in claiming benefits and working his claim was reduced by some 50%.

This case highlights that the scheme is for genuine victims of crime and people of good character.  If you provoke an attack, if you have previous convictions or you conduct your affairs in a way that is contrary to the rule of law then that will be taken into account.

This case also highlights that no only do we act for people in presenting a claim to the CICA but we will also deal with subsequent Appeals.

We hope the above is of use to you but should you have any questions in regard to any application that you may wish to make or wish to have your file transferred to us please contact Leeanne Druse of Hafezis Office.

Leeanne@hafezis.com

DD: 0207 377 0877