Mr Simon Helliwell in our personal injury department recently settled a claim on behalf of Miss M.
In 2016, Miss M was viciously assaulted by a prisoner during her work as a prison officer and suffered post-traumatic stress disorder. The injury was such that she was medically retired in 2018.
A personal injury claim was made by her previous Solicitors was not successful so she personally submitted a claim to the Criminal Injury Compensation Authority (CICA) which is a government scheme of last resort to partially compensate victims of violence.
Essentially, after several years, the CICA rejected her claim as she had been off work for a short period with stress prior to the attack and the CICA wrongly claimed that the assault had not increased her symptoms.
Miss M approached Ison Harrison for advice in November 2022.
An appeal was made by Ison Harrison with additional expert medical evidence funded by Miss M which supported her diagnosis of post-traumatic stress disorder caused by the attack and yet again the CICA refused to make an award. Given the fact that Miss M was a public servant seriously injured during the course of her work was not enough for the CICA.
An application was made to the 1st Tier Tribunal and following the appeal the CICA made an award of circa £20,000.00.
Simon Helliwell, Partner in the Personal Injury department said:
“The CICA may very well tell victims of crime that they do not need to appoint a legal representative to pursue their claim. This is one of many stories which proves otherwise.
The CICA guidelines and tariff can be difficult to understand and sometimes victims will require specialist expert evidence to support their claim which we can arrange. We have appealed offers from nil or a few thousand pounds to substantial sums where an applicant has sustained life changing injuries which has affected their ability work. Applicants will not know what they’re entitled to unless they consider and understand the guidance notes fully.”
If you have been a victim of a crime and sustained an injury, or been a victim of abuse, please do not hesitate to contact Mr Helliwell on 0113 2845048.
We understand how difficult it can be for victims of crime to seek help and legal advice, but we will provide thorough and professional advice in a sensitive manner and we will support you fully throughout the process and ensure that you receive the compensation that you are entitled to.
