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Criminal Injuries compensation

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cherrypoker | 13:58 Sat 09th Aug 2008 | Criminal
10 Answers
Hi Everyone!

Just a quick question please!

Can a person who has been the 'victim' of an assault which caused injury (fractured skull), claim criminal injuries compensation if the 'assailant' has an appeal lodged against conviction and sentence?

Thanks
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Q. Does the assailant need to be convicted in order for the applicant to be eligible for an award?
A. No. CICA makes awards on the 'balance of probabilities' that a crime took place whereas a court of law would only convict if it felt that the assailant was guilty beyond 'all reasonable doubt'.

from here
https://www.cica.gov.uk/portal/page?_pageid=33,266499&_dad=portal&_schema=PORTAL
Question Author
Thanks for your answer.
How long does it usually take for compensation to be awarded? Is there any set timescale?

Thanks again!
My took nine months from the date of application. �2000 for a broken nose.
Question Author
How much compensation would you usually get for a fractured skull, with an operation?

Thanks!
If you go to their website it gives an outline of probable figures for given conditions - but for the injuries you describe I think you'll get a fair bit.
Question Author
Thankyou!!

I'll have a look at their website for a bit of further advice.

Thanx againx
Question Author
Hello again!

The 'victim' has a criminal record and also provoked the offence by brandishing a 13 inch kitchen knife and a meat cleaver. Any idea's now on how much compen?
The website i've used doesn't really give any set guidelines.
Sorry to be a nuisance!!

Thankyou!
Those circumstances will form part of the report requested from the police and WILL be taken into consideration when determining an amount of compen.
I apologise if this post only tells you what you already know, but the CICA website can be a bit tricky to navigate, so I thought you might have missed these:

Firstly, regarding the time scale:
"Currently, reaching a final decision on your claim can usually take a year or more depending on the complexity of your case. More straightforward cases, for instance where you have largely recovered from your injuries and all police enquiries have been completed, will usually be resolved in a much shorter timescale. However, more complex cases, for example where you are still receiving medical treatment, can take longer. Where appropriate in these cases, we will look to make an interim payment as soon as we can"

More importantly, there's an online calculator available which helps you to estimate the likely payment:
http://tinyurl.com/5hcyc7

Chris
i was seriousey assulted by 5 men which left me with fractured skull clot on my brain fractured eye socket , ive lost my sense of taste and smell, the men were took to court but was thrown out not enough evidance will i still be able to get compansation i have a criminal record ??

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