When Can You Claim Compensation For A Stabbing?
You may be wondering whether you can claim compensation for a stabbing. This guide will explain how you may be able to claim compensation if you’re the victim of a violent crime.
Claim compensation for stabbing- A guide
The Criminal Injuries Compensation Authority (CICA) is an agency that can pay criminal injury damages to victims. In some cases, you may be able to claim directly against the perpetrator or against a party that holds vicarious liability for the harm you experienced. This guide will also address how settlements are valued and the advantages of working with a No Win No Fee solicitor.
Read the sections below to see how you could apply for compensation with the help of a personal injury solicitor. Get in touch for free legal advice by:
- Speaking to our advisors on 0208 050 2736
- Contacting us via our callback option
- Accessing free legal advice below on the live chat option.
Choose A Section
- Can You Claim Compensation For Stabbing? – A Guide
- How Do I Make A Criminal Injuries Compensation Claim?
- Claim Compensation For Stabbing – What Could You Receive?
- CICA Claims – What Evidence Do You Need To Claim?
- Why Use A No Win No Fee Claim When Seeking Criminal Injuries Compensation?
- Learn More About Making A Claim For Stabbing Compensation
Can You Claim Compensation For Stabbing? – A Guide
If you have been stabbed in a crime of violence, you could sustain a wide variety of injuries. This kind of incident can result in organ damage and blood loss. Furthermore, you may be left with a scar once the injury heals.
Offences against the person include common assault, battery, assault occasioning actual bodily harm (ABH) and assault occasioning grievous bodily harm (GBH). Assault is where someone intentionally, or through recklessness, causes someone to suffer or apprehend immediate physical violence.
The use of a weapon is considered an aggravating factor according to the Crown Prosecution Service (CPS). This means that an attack that could otherwise be considered common assault could be considered ABH.
You could be entitled to make a claim through the CICA. This executive agency was set up to compensate victims of violent crimes. Their aim is to offer damages where no other option for compensation exists.
You might also be able to claim against the perpetrator if they are identified and have the funds to pay you back. Alternatively, you could claim against a party that is considered vicariously liable for the harm you have undergone. For example, if you worked a job that was public-facing and that should have had two members of staff on shift for safety, and you were stabbed because you were forced to carry out the role alone, then you could sue your employer for the harm that you were caused.
A criminal injury solicitor could act on your behalf to seek compensation. Speak to our team now for free legal advice.
How Do I Make A Criminal Injuries Compensation Claim?
If you make a claim through the CICA, then you need to make sure that certain criteria are met. For example, you need to show that: You were a direct victim of a criminal injury
- The crime happened in England, Scotland or Wales or another relevant place
- The crime was reported to the police as soon as possible, and you have a crime number
- You’re within the time limit for claiming
One of our advisors could assess your claim and let you know whether you’re within the time limits for claiming. Furthermore, if your claim is valid, they could connect you with a No Win No Fee lawyer.
What Is The CICA Claim Time Limit?
You may be wondering how long you have to make a criminal injury claim. There is a 2-year time limit to start a claim through the CICA. This runs from the date that you reported the incident to the police. The CICA state that the incident should usually be reported to the police immediately.
If you were unable to report the incident to the police because of exceptional circumstances, then you could be able to claim outside of this time limit. Similarly, if the incident was reported to the police right away, but exceptional circumstances meant that you could not claim within those two years, your claim could still be considered.
Speak to our advisors for further clarification on whether you could be entitled to claim.
Claim Compensation For Stabbing – What Could You Receive?
Below is an excerpt from the CICA tariff of injuries that have been taken from the Criminal Injuries Compensation Scheme. We’ve included this so you can see how much your injuries could be worth. If you would rather, you can use our compensation calculator to value your claim instead. We offer guidance on using an assault claim calculator.
| Area of Injury | Definition | CICA Tariff Award |
|---|---|---|
| Chest | Injury requiring thoracotomy with removal or repair of one or more organs | £16,500 |
| Chest | Injury to the chest requiring thoracotomy | £6,200 |
| Abdomen | Laparotomy with one or more of colostomy, ileostomy or ureterostomy that is permanent | £13,500 |
| Abdomen | Laparotomy with one or more of colostomy, ileostomy or ureterostomy that is temporary but lasts more than 14 weeks | £3,500 |
| Abdomen | Laparotomy or laparoscopy to repair to three or more organs in the abdomen | £6,200 |
| Abdomen | Laparotomy or laparoscopy to repair to two or more organs in the abdomen | £3,500 |
| Abdomen | Injury requiring surgery (laparotomy) to repair one organ or entailing no repair | £1,800 |
| Upper Limb | Scarring leaving serious disfigurement | £3,500 |
| Upper Limb | Significant scarring causing disfigurement | £1,000 |
| Lung | One punctured lung | £1,500 |
The CICA can award compensation for up to three injuries from this tariff. They do this by paying 100% of the tariff amount to the most highly valued injury, 30% of the tariff award to the next most highly or equally valued injury and 15% to the third most highly valued or equally valued injury.
You could possibly be awarded compensation from another tariff, for example if you lost a foetus as a result of the attack. This payment would not be subject to the multiple injury formula above.
What Are Special Expenses?
As well as amounts applied to physical and psychological injury, it can be possible to obtain special expenses. If your injuries were so serious that you were totally unable to work (or severely restricted) for 28 weeks or longer, you may also be eligible to claim loss of earnings. You must have been in work at the time with an established work history for three years prior to the incident.
Special expenses can reimburse you for:
- Damage to property or equipment that you relied upon as a physical aid, such as walking aids and dentures. For example, if your nose was broken in an assault, this could mean that your glasses are broken as a result.
- Special equipment such as wheelchairs, adapted vehicles and walking aids
- Adaptation of your accommodation inside and outside to accommodate a wheelchair, for instance
- The costs of care regarding food preparation, toileting, bathing and continence management
- Any costs attached to guardianships or administration of your affairs due to lack of capacity
In order to qualify for special expense payments, the CICA must be satisfied that these costs were necessary and not available for free from another source. Also, they must have been a direct result of criminal injury. If you’re
CICA Claims – What Evidence Do You Need To Claim?
As you submit a claim, the CICA may ask for evidence that you meet the residency requirements for claiming. You will also need to be able to provide medical evidence demonstrating your injuries and showing how you were affected.
When you claim throught the CICA, they will ask that you provide a crime reference number. This will allow them to confirm with the police that you have reported the crime, and they will also be able to confirm whether you cooperated with them in their investigations. Furthermore, the CICA will check any unspent criminal convictions that you have and that might affect your ability to claim.
Our team can explain more about how a criminal injury solicitor can assist you with the process of collecting evidence. Speak with an advisor today for guidance.
Why Use A No Win No Fee Claim When Seeking Criminal Injuries Compensation?
CICA claims can be complex and legal representation could make it easier for you. If you’re hesitant about paying your solicitor on an hourly basis, or paying them upfront in order for them to work on your claim, you could benefit from a No Win No Fee agreement. A popular kind of No Win No Fee agreement is a Conditional Fee Agreement.
A skilled and professional personal injury solicitor takes up the claim, often at no initial or ongoing cost. Furthermore, there is generally nothing to pay your lawyer for the work that they have done if the claim is not a success.
In the event that you are awarded compensation, then a legally-capped portion of your settlement will be deducted from your settlement. This legal cap ensures that you always receive the majority of the compensation awarded to you.
Speak to our team for more details. See how a No Win No Fee agreement could assist your claim for compensation after a stabbing.
Contact Us For Free Legal Advice To Claim Compensation For A Stabbing.
If you are interested in learning more about a claim for compensation for a stabbing or how long you have to claim, please get in touch by:
- Speaking to our advisors on 0208 050 2736
- Contacting us via our callback option
- Accessing free legal advice below on the live chat option.
Learn More About Making A Claim For Stabbing Compensation
The links below offer further reading on topic:
- How to report a crime to the police
- More reading on the Crown Prosecution Service (CPS) on offensive weapons
- Lastly, help from Victim Support
We’ve also included examples of more of our guides that could be helpful to you:
- Claiming compensation for sexual abuse
- Sexual assault claims
- Using a sexual abuse claims calculator
Writer Jeff Wallace
Publisher Fern Shelley
