Personal injury claims: Compensation for being attacked
There are many types of personal injury cases. Recently, Watermans Solicitors pursued a claim for a dad who suffered from facial scarring and a broken tooth after being assaulted by a group of thugs outside a pub in Edinburgh. The team won their case and the claimant was awarded personal injury compensation by the Criminal Injury Compensation Authority (CICA), a state funded body which awards compensation to victims of violent crime.
How did the personal injury claim unfold?
The 35-year-old from Edinburgh was left needing hospital treatment after being jumped by a group of 10 men during an unprovoked attack in May 2018.
A witness to the incident later described how the claimant was badly beaten around the face and left unresponsive and unconscious on the street.
Police launched an investigation following the vicious attack on George Street two years ago, but none of the perpetrators were ever convicted due to a lack of evidence.
The man said: “The attack was completely unprovoked, there were about 10 men who jumped me from behind outside a pub in George Street after a night out.
“I was taken to hospital as there was a lot of blood and my front tooth was knocked out. I also have slight scarring on my face.
“The impact of what happened affected me more mentally than physically. After what happened I felt vulnerable and it was a long process having to get dental treatment to fix my tooth.”
Claiming compensation for being attacked and seeking legal advice
The victim has been awarded a four-figure sum of compensation by Criminal Injury Compensation Authority (CICA), after seeking the advice of Waterman’s personal injury lawyers.
The claimant applied for compensation from CICA after he had to pay for a new front tooth which was knocked out during the assault. He said: “I had to pay about £3,000 in dental costs and it was very painful to get an implant tooth put in. I had a lot of difficulty eating and speaking. The recovery process took about six months.”
Despite his ordeal, CICA, who do not require applicants to have any form of legal representation, quickly rejected his initial application. They stated he was not eligible for an award and accused him of failing to co-operate with police investigations following the assault.
He approached our Watermans Solicitors team in Glasgow for assistance, and the team were successful in reversing the decision from CICA and getting the award of compensation.
At the appeal hearing, the lawyers at Watermans were able to show that, far from not co-operating with the police, the attending officers were disinterested in his assault from the beginning. They failed to even provide basic first aid to him at the scene, which had to be administered by a member of the public.
The appeal panel found in his favour, stating that there was no evidence that the police even attempted to contact the victim to follow up with him until six months after the assault.
The dad-of-four, who wishes to remain anonymous, said: “It’s been a long process but I’m glad to have finally got some justice for what happened through Watermans.”
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Aimee Elder, the solicitor handling the case, said: “This case really highlights the importance of having proper legal representation when dealing with claims for violent assaults.
“CICA is supposed to be an independent body, yet time and again we see instances where they are placing obstacles in the way of victims achieving proper compensation. In these situations, without the support of a firm like Watermans, it would be easy for victims to give up at the first hurdle. I’m pleased that we were able help him obtain compensation, as well as a sense of closure on his ordeal.”
If you would like to discuss your personal injury or compensation claim, please contact one expert personal injury lawyers today. We work on a no win no fee basis.