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Does anyone have any experience of Criminal Injuries Compensation Scheme?

ses6jwg
Posts: 5,381 Forumite


Hi all,
Before I go on to ask my question, I would like state that I am not a vulture and I normally disapprove strongly of "ambulance chasing", however given the ordeal that I have been through the last month or so I feel that the question I am asking here tonight is deserved so please dispense with any accusations etc and I would appreciate some advice from those who have direct or indirect experience in this.
The background (I have cut down the story so you dont fall asleep)
Just before xmas 2010 I was out with friends one night having a few drinks on a Thursday night, when we decided to go to the local nightclub. I was stood at the side of the dancefloor on my phone when I was approached from the side and surrounded by my EX partners brother in law and his cousin, who then proceeded to hurl abuse at me based on rubbish which has been spread around by my ex about me. He also accused me of damaging his car which I did not do.
As I attempted to walk away to defuse the situation, he grabbed me by the neck and both he and his cousin were removed by the bouncers. I had assumed they were removed from the premises so I moved to the other side of the dancefloor and started to ring my Dad to pick me up, as I did not want to leave the premises where they would probably be waiting to assault me.
All of a sudden and without any warning whilst I was looking down at my phone, I was struck heavily from the side in my right eye, I then fell to the floor was picked up and rushed to A&E.
I suffered significant bruising and a split eye which had to be taped up and the area was very sore and swollen for around a week. However it healed up and I assumed all was OK.
I reported the matter to the police, who investigated, and the assailant, who was EX's step-brothers cousin, admitted to the offence, and he was given a formal caution.
Anyway, 6 months down the line I notice a change in my vision, basically a black veil ascending across my eye. I went to see a specialist and they confirmed I had suffered a detached retina from a retinal tear. I had to have a scleral buckle fitted to my eye which I am still recovering from. The surgeon who operated has stated that he has absolutely no doubts that this was caused by the trauma and is prepared to give a statement to this affect.
I have suffered signficant discomfort and a decrease in my vision from this, and have had to be off work for almost a month in recovery.
Owing to what I can only describe as a pitiful response from the police, I am going to go down the lines of seeking compensation for the trauma I have experienced, and from what I can see there are 2 options;
1) Civil action directly against the assailant, however whilst settlements are generally higher it would involve solicitors fees, and because the assailant is not financially "well off", it could mean if I do get a settlement it may be ordered to be paid back at something ridiculous like £5 a week.
2) The Criminal Injuries Compensation Scheme which is administed by the government.
Has anyone been in a similar situation and what did you do?
Like I say, I have never looked for compensation before in my life and I am not ambulance-chasing, but I fail to see why I should suffer, almost going blind, for a completely unprovoked attack.
Before I go on to ask my question, I would like state that I am not a vulture and I normally disapprove strongly of "ambulance chasing", however given the ordeal that I have been through the last month or so I feel that the question I am asking here tonight is deserved so please dispense with any accusations etc and I would appreciate some advice from those who have direct or indirect experience in this.
The background (I have cut down the story so you dont fall asleep)
Just before xmas 2010 I was out with friends one night having a few drinks on a Thursday night, when we decided to go to the local nightclub. I was stood at the side of the dancefloor on my phone when I was approached from the side and surrounded by my EX partners brother in law and his cousin, who then proceeded to hurl abuse at me based on rubbish which has been spread around by my ex about me. He also accused me of damaging his car which I did not do.
As I attempted to walk away to defuse the situation, he grabbed me by the neck and both he and his cousin were removed by the bouncers. I had assumed they were removed from the premises so I moved to the other side of the dancefloor and started to ring my Dad to pick me up, as I did not want to leave the premises where they would probably be waiting to assault me.
All of a sudden and without any warning whilst I was looking down at my phone, I was struck heavily from the side in my right eye, I then fell to the floor was picked up and rushed to A&E.
I suffered significant bruising and a split eye which had to be taped up and the area was very sore and swollen for around a week. However it healed up and I assumed all was OK.
I reported the matter to the police, who investigated, and the assailant, who was EX's step-brothers cousin, admitted to the offence, and he was given a formal caution.
Anyway, 6 months down the line I notice a change in my vision, basically a black veil ascending across my eye. I went to see a specialist and they confirmed I had suffered a detached retina from a retinal tear. I had to have a scleral buckle fitted to my eye which I am still recovering from. The surgeon who operated has stated that he has absolutely no doubts that this was caused by the trauma and is prepared to give a statement to this affect.
I have suffered signficant discomfort and a decrease in my vision from this, and have had to be off work for almost a month in recovery.
Owing to what I can only describe as a pitiful response from the police, I am going to go down the lines of seeking compensation for the trauma I have experienced, and from what I can see there are 2 options;
1) Civil action directly against the assailant, however whilst settlements are generally higher it would involve solicitors fees, and because the assailant is not financially "well off", it could mean if I do get a settlement it may be ordered to be paid back at something ridiculous like £5 a week.
2) The Criminal Injuries Compensation Scheme which is administed by the government.
Has anyone been in a similar situation and what did you do?
Like I say, I have never looked for compensation before in my life and I am not ambulance-chasing, but I fail to see why I should suffer, almost going blind, for a completely unprovoked attack.
0
Comments
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Go and see a local solicitor, who specialises in this type of case. They often offer a fre half-hour initial interview, and should be able to advise you on the appropriate course of action.
CICA is probably the way to go. It's unlikely your assailant would have the funds to adequately compensate you.0 -
Do you have any form of legal cover included with your house insurance? A lot of policies include this.
If so, it would be worth contacting your insurers and asking their advice as they be able to recommend (and pay for) a solicitor who could help with your claim.0 -
Any PI takes forever and the CICS is no different. I had a friend go via it for an unprovoked attack a few years back - he got there in the end (although took 2 years to sort out and his injury was much less "complex" than yours sounds).
I would start with a solicitor and go from there, at least they can help you cut through the process if they have experience in this. Shaun's advice is great, check your home policy as legal cover is included as standard in a number of them nowadays (or it is certainly something you should consider adding in future for this very reason!).
Good luckThinking critically since 1996....0
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