Making a compensation claim to the CICA
If you need help with making a compensation claim to the CICA then our experts are here to assist. In this short case study we look at a CICA claim that we have successfully resolved on behalf of a woman who was viciously attacked.
We were contacted by a young woman who had suffered a serious and unprovoked attack while in a shop. The offender was purchasing wine in a Costcutter store when she saw our client through the window. Words were exchanged and without warning, the offender ran at our client with bottles of wine and smashed one over her head. The offender continued her frenzied attack and used the broken wine bottle to slash open our client’s stomach.
Our client was left with serious injuries to her abdomen, as well as cuts to her head and face, and had to be admitted to hospital for treatment. She therefore approached us for help with making a compensation claim to the CICA.
Victims of crime don’t need to use a solicitor to make a CICA claim, but in certain cases it helps to have an experienced lawyer and this was one of those cases.
We reviewed the evidence and agreed to deal with the claim on a no win – no fee basis.
The CICA Scheme provides for a fixed award of compensation according to the type of injury sustained. Perhaps surprisingly, the Scheme does not make an award for the fact of being stabbed or suffering lacerations. Instead, to qualify for compensation there must be a need for surgery to investigate whether any organs were damaged or actual damage to an internal organ. Where the injuries involves a stab wound or laceration that does not require exploratory surgery or damage to an internal organ, the only way in which compensation can be awarded under the Scheme is in relation to the scarring left once the wound has healed. The CICA will not make an award for mild or moderate scarring. Instead, the threshold for an award will only be met where the scarring is deemed by the CICA to be either significantly or severely disfiguring in nature.
Our knowledge of the Scheme allowed us to ensure the correct evidence was obtained to support our client’s compensation claim. We provided clear photographs to the CICA, showing the severity of the initial injury as well as the scarring that remained once our client had completed her treatment.
The CICA accepted the claim for compensation and an award was made in line with the Scheme tariff to reflect the significant scarring to our client’s face and body as a result of the attack.
It was a terrifying and unprovoked attack, the kind that you would simply not expect to happen in civilised society. Thankfully, our client’s injuries have healed and the offender has faced justice. We are pleased to have been able to support our client in achieving a successful outcome in her CICA claim and ensuring that she received the compensation she deserved.
