When can you claim criminal injuries compensation for psychological injury and lost income
Find out in a question and answer session with a victim of an assault.
Criminal Assault Victim Question
I was attacked by three youths – one of whom has been prosecuted for assault.
I have suffered injuries to my face and I am self employed and had time off work.
My daughter witnessed the incident is extremely traumatised.
Can I claim for lost income, how much can I claim, is worth me using a lawyer and can my daughter claim criminal injuries for psychological injury?
Solicitor Response
As to whether you are able to claim for lost income or not depends on several factors – often including nature of injury and duration of inability to work. When you are self employed – the evidence required to support a claim is even more complicated.
The amount you can claim will depend on which bracket your injuries fall into which can only be established with some form of medical evidence.
So far as criminal injuries are concerned – the decision you must weigh up is that a UK lawyer must charge you (typically with a deduction from your compensation) for criminal injury claims as the CICA does not pay any legal costs (only compensation for injury). However – if you use a lawyer you are far more likely to receive more compensation so the overall sum you receive could quite likely be higher.
It is difficult to say if your daughter can recover compensation. If they can be medically shown to have a psychiatric illness such as Post Traumatic Stress and this can be directly related to the crime of violence the chances are good.
Click criminal injury to see the page I have written explaining all the steps to claiming criminal injury compensation.