Is Criminal Injuries Compensation worth persuing?

GreenSheep

Hello chaps

August 2009 after an evening of playing pool I walked through a crowded bus station to a taxi rank with a friend.
I'd been drinking, but very little, I'm not a big drinker. Maybe 3-4 pints?
My friend got in a taxi and went.
I was told at the taxi rank that it would take about 30 minutes for a taxi to arrive for me.
So I decided to walk back to the bus station and get a bus instead. I'm not going to pay a premuim to take longer and stay in the rain longer than a bus.

As I walked through the bus station I passed a group of youngsters. I thought I had tripped and the next thing I remember is looking up in the air and seeing three of them standing over me.
I didn't really feel any pain at that point but was aware I was being kicked in the face. I was fully expecting to be stabbed but luckly this didn't happen.
I don't really remember anything else after this. I don't know who found me or why I was attacked. Nothing was taken from me so maybe I was just a bit of sport?
However I was taken to the hospital by the Police and I remember specifically saying to an PC that the Police are fairly useless and that I'd be able to find out who'd done it and sort it out before they did. Not said aggressively, rudely or with any swearing. I was just very angry, shaken and had just taken 20-30 kicks to the head.
A few days later I had a phone call saying that no witnesses had come forward and no CCTV. So the case was closed.

I was very badly bruised all over the head, face and body. I took no pictures but I did get treatment at A+E.
My front tooth was fractured and the one next to it made wobbly which then formed an abcess which needed treating. The fractured tooth was removed and I'm currently waiting for the gum to heal enough for a bridge to be fitted. Because of the way I bite, I have a removable denture but wearing it is near impossable. I have to weight up every occasion - is it going to be less acceptible to have a front tooth missing or to not be able to talk/eat/laugh/etc.
I've actually had an infection in the damaged gum this weekend which has completely ruined my bank holiday weekend.
Seek and start on painkillers Friday (I was in too much pain for a Good Friday day out tradition I've been following for 5 years), too much pain for anything Saturday but managed to go round a friends to watch the boxing, however I was in too much pain to go to a get together we'd been invited to afterwards, today (Sunday) I have spent my whole day at the only open medical centre in my area and then the rest at the only open pharmacy.
The treatment to my teeth will sail past £1000 when the bridge is fitted. I suspect it will settle at about £1500 when all done and I actually add it all up. Things like spending £14.40 today on pills I'm not even going to include - far too depressing.


Does anyone know anything about claiming compensation?
I'm not normally a claimer/complainer but I can't afford this and don't deserve this.

I've read that my actions before and after the event can write off your claim. Would my comments be this? Could this get me in any trouble?

Will an A+E reference be ok as I didn't take photos or see a doctor after?
I also didn't miss work - this doesn't mean I was fit to work but I arrived and spent the days after doing emails and paperwork (I do a physical-ish job). Will this reflex badly?

I've never had good dealing with the Police as a victim; I found out who stole something from me once and was threatened with arrest for going to see them. I was beaten up by a 19yo when I was 13yo but as much as I tried to presue it the police never took it anywhere.
More recently I helped a friend find someone who had damaged his cars on his driveway (all through legit channels) and when my friend gave the details to the police they told him if he tried to presue the damage they would want to presue me and him for breach of data protection and they would find something to get us on.

I'm not very confident in government bodies/police, etc. and just wanted to make sure it is worth me going for this before I do. I don't want more aggravation caused than already has been.

And, of course, after a terrible weekend of painkillers and missing the sun, bootsales and social bits I'm venting a bit!

Anyone been though this before?
Any advice would be lovely.

Sorry for the lenght (venting)!

Also my spell check plugin isn't working, and I'm a bit dosed up so please excuse my spelling.

Cheers, GreenSheep

jenniewb

Wow! Thats alot of stuff!

I can see why you'd want to claim compensation: two reasons stick out here, firstly for financial reasons, you can't really afford what you need to maintain your health let alone improve things.

Secondly would be the lack of police support, not just now but for past reasons. I could be making assumptions but its as if your wanting to communicate with them that they need to handle things better if something like this were to happen again.

Well I myself don't have any legal knowledge or experience, but if I were in your shoes (and I could find many things that would fit the 'negligence' bill) and I felt that my complaints would actually do anything (I'd worry they'd all fall to nothing and just get shunted to the "legal department" and those you may actually want to communicate to would never really know much about it all).


I'd say try calling up other parties first, see what your rights are. Your primary care trust have a duty to care which means they are supposed to look after you, thats where your taxes go. If your having to spend alot of money on pain killers and your struggling to foot the bill, maybe either think about a prepaid prescription certificate (you pay a certain amount and use this certificates instead of paying for every prescription fee, it lasts a year) or see if they can't give you a larger dose so you don't need to keep going back for more.

I don't know what to suggest about the dental fees, I am not sure what is available or where you stand on that. Maybe try your local CAB to see if they have any advice on what your entitlements are. This I would see would be the main reason for a compensation claim- but it would really vary as to who is to "blame".

It would probably depend on whose land it was (council or bus station) as the CCTV to catch the thugs would be required for the police to catch the thugs and I doubt the police would be fined as it is not their job to stop the thugs as much as catch them which they cannot do without any CCTV or witnesses so please don't use anger to react to this, it would probably all be from the council where you were assulted. Council tax being what would pay any fees and compensation. I doubt the police would have any part in that. But again, this is just a guess and I am not sure either way.

I hope you get somewhere with it all, sorry I can't offer any real tried and tested advice and I hope you don't end up in court- you could probably do without the stress!

brighthair

I claimed criminal injuries compensation after being assaulted and knocked unconscious in a nightclub. I had a fractured cheekbone and massive bruising and was off work for approx 4 weeks. It happened in the Jan, and my money came in June so fairly quick. I did have a police statement, plus police photos, and I also took my own. I got £1000

GreenSheep

Thanks for the replies.

Is it a difficult process?

Wine_of_the_World

My friend's sister was able to claim compensation after having a fight with her boyfriend - they were both aggesive but she came off worse, and suffered with a broken arm. Im not sure how easy it was for her to claim but from what I heard it was straightforward.

Kay_Peel

Print a copy of the form from the Direct Gov site:

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017577

As it says on that site, you should have ready your national insurance number and a crime reference number.

You will help your case if you have detailed information about who treated you at the hospital, the dentist who examined you and your GP (if you visited a GP). At some stage you will be asked about the costs of your injuries in terms of your employment.

What are your chances of getting an award?

Very low, I would say.

You kicked off at the hospital and behaved like a drunken lout. How clever of you to shout and bawl and get all aggressive at a police officer trying to do his job? What would the hospital staff have made of you? You will have come across as a drunken lout.

Had you apologised to the officer as soon as you were able and explained that it was the shock that made you kick off and not the drink that was talking, the award body might have believed you. Instead, they'll take evidence from the officer whom you abused. No-one knows what he saw - and he certainly won't tell you. They'll take evidence from the long-suffering medical staff in casualty too.

No CCTV and no witnesses (yet). If you don't believe the police officer then make a complaint about him/her and the police will double-check the investigation.

For all the award body know you could have fallen over while drunk, or had a fight with a mate. You wouldn't be the first to try it on. You can do what you said you would do - investigate it yourself, clever clogs. Retrace your steps and locate the CCTV cameras. Go to the newspapers asking for witnesses. Go back to the Bus Station at the same time of night and see if anyone saw this assault.

Can you do that? No, of course you can't and it's not appropriate for you to do it. You should have thought of that before you became aggressive, abusive and said that you could do a better job.

GreenSheep

Hi Kay

Thanks for the link to the form. I'll take a look.

None of the rest of what you've said really applies; I wasn't drunk, what I said was just spoken (not aggressively or loutishly), nothing was said at the hospital - it was on the scene while I was waiting for a car to come to take me to the hospital, I was as I always polite to everyone I came into contact with. I tried to express this above.

Thanks for the input though.

Cheers, GreenSheep

geri1965_2

brighthair wrote: »

I claimed criminal injuries compensation after being assaulted and knocked unconscious in a nightclub. I had a fractured cheekbone and massive bruising and was off work for approx 4 weeks. It happened in the Jan, and my money came in June so fairly quick. I did have a police statement, plus police photos, and I also took my own. I got £1000

That is shockingly low. I knew they were low, but that has surprised me.

simpywimpy

It shouldnt matter that you were drinking. You were attacked without provocation from you.

The forms are a little long winded. You will need the name and number of the officer who dealt with the investigation and a list of your injuries.

I believe they pay for the largest of your injuries so have a look in their list of amounts to see what its best to claim for. I think a friend of ours had teeth knocked out and they received about £4000.

The timescale on dealing with it depends on whether you are still undergoing treatment. They may wait until its finished before making a decision.

simpywimpy

Another point I thought of was that maybe it is worth asking at the bus station itself if they have cctv as most do nowadays.

And if youre not happy with the way your attack was handled, dont be afraid to call the station and complain. Sometimes you can be fobbed off far too easily.

GreenSheep

Thanks simpywimpy
I'll give them a ring tomorrow. After the dentist in the afternoon!