Rape Assault & Abuse Compensation ClaimsThe term, criminal injury, refers to injuries sustained by someone during an act of violence. The injuries can be both psychological and physical. A crime of violence is described as a criminal act characterised by the use of violence, or the threat of violence. Examples include rape, assault, child abuse, and injuries caused by the use of weapons.
Making criminal injuries claims are not the same as accident claims. Acts of violence which cause injuries are referred to as incidents, not accidents. They are deliberate acts by criminal offenders.
All other forms of personal injury claims are the result of an accident. This means that the person who caused injuries did not intentionally do so.
However, there are three exceptions to this rule that enable victims to make criminal injuries claims. If you are hurt in an accident because you unintentionally involved yourself in the prevention of a crime, you may claim compensation. Also, if you are unfortunate enough to be in the wrong place at the wrong time, you can claim. A hypothetical example is an innocent bystander who gets injured while a police officer is trying to arrest a lawbreaker.
Furthermore, a claim may be made if you are trying to put out a fire caused by arson and get badly burnt. You were attempting to stop the flames because people were still inside. You should be able to lodge a claim for compensation because the burns were a direct result of arson.
Yet another exception is when injuries are sustained while putting your safety at exceptional risk when trying to prevent a crime. You might see a mugger stealing someone's handbag and give chase. During the chase, you trip and injure yourself. As an innocent member of the public, it is likely that you will be paid compensation.
In the UK, you can even make a claim if you sustain injuries caused by an animal. This usually involves dogs. There are two main factors that have to be proved. Firstly, the person in control of the dog must have deliberately intended it to attack you.
Secondly, the person in control of the dog must have been aware that the dog was aggressive but had not taken precautions to restrain it. An example would be a dog that had previously injured its owner or some other person, yet it was still allowed to be off-leash. This is classified as intentional negligence.
The governmental organisation responsible for handling claims is CICA (Criminal Injuries Compensation Authority). It has to be convinced that that an innocent victim was injured during a crime of violence. That person must have sustained the injury unintentionally, e. G., walking down the street and being attacked. A person who gets hurt after starting an alcohol-induced fight will not be considered an innocent victim.
In terms of the Criminal Injuries Compensation Scheme of 2001, an innocent victim can also claim compensation for financial losses, in addition to medical expenses. A typical example is a loss of earnings due to the inability to work. Incidentally, CICA is the new name for the previous CICB (Criminal Injuries Compensation Board).
Here is the procedure to be adopted if you are ever in need of this type of compensation. After the incident has occurred, you must report it to the police. This should be done as quickly as possible. It will prove that your injuries were caused by an act of violence which will help the police to investigate the crime.
You must do everything possible to help the police in their investigation. If possible, get the names and contact information of any people who witnessed the incident. If this is not possible due to your inability to communicate, or possible unconsciousness, then it is even more important to report the incident to the police when you are able to. Also inform any other people or authorities that could assist the police.
An example of this would be a prisoner who has been attacked by another prisoner. He or she is obviously unable to contact the police directly. Therefore, the matter should be immediately reported to a high-ranking prison officer. No claims for compensation will be considered unless an official report has been made by the victim.
It is extremely important to see a doctor as soon as possible after the incident, even if your injuries appear to be superficial. Sometimes, shock disguises the seriousness of injuries. The doctor's report will also play an integral role in the success of a claim. Even if the offender is not found guilty of the crime, this does not affect the ability to make a criminal injury claim.
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