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Personal injury following an assault - criminal injury compensation claims
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Personal injury case studies
This section discusses a case arising from an assault that caused personal injuries during a rugby match.
Criminal injury compensation
The claimant was a prop forward playing at a high level for a local rugby team. During a match with a lower ranking side he was assaulted as he lay on the ground.
The assailant stamped on the claimants face in a totally unprovoked assault. It was deemed an assault because play had come to a standstill following the breakdown of a maul and the players were in the process of re-grouping. Without warning the assailant attacked the claimant who had no chance to defend himself or avoid personal injury.
The claimant suffered a severe facial lacerations and a badly fractured jaw. Following the attack the assailant was sent off and the police were called. They subsequently pressed charges.
As a result of the attack the claimant was hospitalised for two nights and underwent surgery to wire the jaw and treat his facial lacerations. He was unable to work for one month and is left with a permanent weakness and clicking in his jaw.
The assailant was prosecuted and found guilty of assault receiving a suspended sentence.
After the court case the claimant decided to make an enquiry with The Claims Connection about his prospects for injury compensation. We advised him that in these particular circumstances there would be a possibility of making a claim under the Criminal Injuries Compensation scheme run by the Government. This special scheme allows victims of assault to claim compensation for their personal injury. Awards are based on a scale and whilst the system if fairly rigid there is scope for argument and it is therefore important that a case is presented appropriately. We always recommend legal advice from a solicitor and we have a team of specialist lawyers who deal with these claims on a "no win no fee" basis.
Regrettably the scheme does not allow for costs to be paid to your lawyer. It is for this reason that our legal team revert to a contingency arrangement with you whereby they charge a percentage of the compensation award in lieu of legal costs. The fee is usually around 25%. However this is money well spent because all claims to the CICA need to be prepared and carefully executed if they are to succeed.
Once our lawyers presented the case and obtained appropriate medical evidence the claimant went on to receive £8500 in compensation.
Summary - Even when playing a tough physical contact sport such as rugby, you are entitled to protection form the law if your opponent over steps the boundary between playing hard and acting maliciously with intent to harm. There are many other "sporting injuries" that might warrant a claim such as those involving poor facilities or defective equipment.
If you have been injured whilst playing a sport within the last 3 years - please contact us and allow us to assess your compensation prospects.
If you have been the victim of an assault (of any kind) within the last 2 years then you may well be entitled to no win no fee criminal injury compensation. Contact us today to find out what your rights are.
RING 0800 0322210
or mail
enquiries@theclaimsconnection.co.uk