FAQs

Q1. Would I be eligible to make a claim for compensation following a criminal injury?

There are a number of hurdles to jump in order to be eligible to make a claim for compensation to the Criminal Injuries Compensation Authority (CICA) which include:

• Your injuries must be directly attributable to “a crime of violence” committed in Great Britain.

• You must have been resident in the UK on the date that the criminal injury occurred.
• The incident giving rise to the criminal injury must have been reported to the police as soon as possible and you must have co-operated with the police in bringing your assailant to justice.

Q2. What is the most important thing to do immediately after the criminal injury has happened?

Call the police and report the incident to them.

You can also assist in the police investigation and possibly therefore your claim by writing down the details of the person who attacked you (if you know who they were), taking details of any witnesses to the incident and collecting any mobile phone footage that may have been captured of the incident as it took place.

Q3. Is there a time limit for contacting a solicitor about a potential criminal injury claim?

Yes – a claim for compensation arising from a criminal injury must be made as soon as practicable after the incident has taken place and in any event within 2 years of the date on which the incident took place. This time limit is only extended in exceptional circumstances, although special provisions do apply if the injured person was a child when the incident happened. It is not necessary to await the outcome of the criminal proceedings or a conviction before making a claim for compensation, particularly since doing so may risk the time limit being missed.

Q4. What information will I need to provide when I first contact my solicitor?

As well as telling your solicitor all the information you have about your assailant, what exactly happened and where, whether there were any witnesses and what action the police are taking, your solicitor will want full details of the injuries you have suffered and of any financial losses (such as loss of earnings), some of which can be included in the claim for reimbursement.

Your solicitor will also want to know whether you have any criminal convictions yourself since that might be relevant to the amount of compensation you can seek to claim.

Q5. How will my claim be funded?

In many cases, you will not pay anything to Battens until your claim has been resolved, at which point an agreed percentage of your compensation award will be retained in settlement of your legal fees for pursuing their claim. If your claim is unsuccessful and no award is made, then you will pay nothing.

Q6. How long will my claim take?

Unfortunately, neither you nor your solicitor can have any control over the amount of time it takes from date of receipt for things to be processed and moved to the next stage by the CICA.

Whilst your solicitor will do everything that they can to avoid any unnecessary delay, the CICA backlog often means that there are large periods of time between information being submitted and any response being received such that it would be unusual for even the simplest of claims to have been concluded within less than 1-2 years from the date the claim is submitted for consideration.

Q7. Will I have to attend a medical examination?

Many CICA claims are decided based on information obtained in written form from your GP or people that have treated you for the injuries that you suffered and you may not therefore need to attend a medical examination, but you will need to consent to medical information about you being passed from your GP and treatment providers to the CICA.

Q8. How much compensation will I get?

CICA compensation payments are calculated by reference to a strictly applied tariff system which splits injuries into categories based on what has been injured, sub-sectioned into how serious the injury is or was. Your solicitor should be able to give you an idea of where within the tariff system your claim will sit when you have provided all necessary information to them.

In some cases, additional claims can be made for loss of earnings or special expenses (including costs of care), but the eligibility criteria for these additional claims is very narrow. Again, your solicitor will be able to advise you whether you meet the necessary criteria when you meet.

Because the CICA payments are not generous, it is sometimes advantageous to make a CICA claim in tandem with a personal injury claim, should it be determined that the assailant has either insurance or assets sufficient to meet the compensation and costs that will be claimed. If both a personal injury and a CICA claim are successfully pursued, then the amount paid by the CICA would have to be repaid from the compensation received in the personal injury claim, to ensure that you are not compensated twice.

Q9. Will I have to go to court?

Most CICA claims conclude when the CICA makes its original determination or, in some cases, on application for reconsideration, should the original decision be found not to have taken all relevant information and expert opinion into account. It is therefore not usually the case that a CICA claim is decided by the Court, but it should be possible to say at a relatively early stage whether your claim will fall into a class of claims likely to be heading that way.

Q10. Does my assailant have to be convicted in order for my claim to be successful?

No – a CICA claim can be pursued even if the criminal charges made against the assailant do not end in a conviction.

The general principles you will find in the FAQs Personal Injury Claims will apply to claims arising from road traffic accidents, and you may therefore like to read those as well as these additional specifics that it would be helpful to be aware of if you are unfortunate enough to be involved in a road traffic accident and to suffer injury.

Q1. What should I do immediately after the accident?

If the accident is serious and there are obvious injuries involved, then the police and emergency services should obviously be called first and foremost to take charge of the scene and ensure everyone there is appropriately looked after. The police will usually record all the relevant details you would need to bring a claim, and therefore a note of the name and collar number of the police officer that takes charge is important.

Even if the police do attend, but particularly if they do not, you (if you are in a position to do so) should request contact details (name, address and telephone number) and also insurance details (name of insurer and policy number) from any other driver involved in the accident. It is also extremely important that you take the vehicle registration number of every vehicle involved.

It is usually helpful to take photographs of the positioning of all vehicles involved in the accident before anything is moved, the wider location of the accident and also any damage the vehicles have suffered as that can be important evidence to support how you say the accident happened and whose fault it was when your claim is started.

If you have a dash cam, you should save your footage and also establish whether any of the other vehicles involved or that witnessed the accident have dash cam footage that they are willing to share with you. Gathering the contact information of any witnesses can also be helpful.

If any of your personal belongings have been damaged or destroyed as a result of the accident, for example a mobile phone, you should take photographs of this, again before anything is moved.

Q2. Is there anything else I should do after I have left the scene

You should contact your insurance company as soon as practicable to report the accident to them.

Even if the accident was not your fault and so you will not be making a claim for loss and damage against your own insurance policy, you should still report the accident to your insurer as a failure to do so may result in your insurance being invalidated or your insurer refusing to cover a claim should there be a reason why you do end up having to claim on your own policy.

Once the accident has been reported to your insurer, they will usually then liaise directly with the insurer of the driver at fault to arrange for the repairs to your vehicle to be carried out as swiftly as possible and your premium and no-claims bonus will only be affected if your insurer is unable to recover any money it has paid out from the insurer of the driver who was at fault.

If the accident was serious but not so serious as to warrant immediate police attendance, then you might also consider reporting it to the police later on.

Q3. Should I contact my GP/hospital following an accident?

Yes - you should always seek medical assistance from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained.

It is also important that your injury details are recorded in your medical records. If therefore you do not consider your injuries sufficiently serious to warrant attendance either at A&E or at your GP surgery, then it is a good idea to phone your GP surgery and ask them to make a note in your records of the accident having happened and the injuries you suffered as a result – this will make it more difficult for your opponent to argue later on that the accident did not happen or that you did not suffer the injuries you say you suffered when you say you suffered them.

The general principles you will find in the FAQs Personal Injury Claims will apply to claims arising from accidents at work, and you may therefore like to read those as well as these additional specifics that it would be helpful to be aware of if you are unfortunate enough to be injured at work.

Q1. What should I do immediately after the accident?

You should report the accident to your employer as soon as possible (ideally on the same day) and make sure that the accident is recorded in an Accident Book. You should read exactly what is recorded in the book to make sure that it accurately details the accident circumstances. You should then sign and date the accident record. If your employer will then let you have a copy of the completed record, that would be very helpful for us.

Q2. Should I gather evidence?

It is a good idea to take photographs if your accident has been caused by an object, such as an item of defective work equipment that has broken and caused you to be injured, or by an object which has been left lying on the floor due to the negligent actions of a colleague. In short, if there is an obvious cause of your accident, it will be extremely useful for you to photograph this. If possible, photographs should be taken as soon as possible after your accident, to avoid the risk of the item being disposed of or the scene being changed, which would destroy what could be crucial evidence in your claim.

If there were any witnesses to your accident also, it would be a good idea to write down their names and personal contact details and ask whether they would be willing to help support your claim.

Q3. Should I contact my GP/hospital following an accident?

You should always seek medical assistance from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained.

It is also important that your injury details are recorded in your medical records and so even if your injuries are not sufficiently serious that you believe you need to see a doctor about them, it is a good idea to phone your GP surgery and ask them to make a note in your records of the accident having happened and the injuries you suffered as a result – this will make it more difficult for your opponent to argue later on that the accident did not happen or that you did not suffer the injuries you say you suffered when you say you suffered them.

Q4. What if I need time off work as a result of the accident?

You should make sure your employer is aware that you cannot attend work as a result of the injury/injuries you sustained in the accident and ask them what they will pay you until you are fit enough to return.

If you are told that you will only receive Statutory Sick Pay or not be paid at all until you are well enough to return, then you may need to consider claiming benefits to cover your financial commitments until you are back on your feet. We can advise you on how best to seek advice and support for this.

If you are going to be absent from work for some time as a result of your accident and injuries, then your employer may have to complete paperwork and may require you to be assessed by an Occupational Health Advisor as part of their absence policy. It is important that you co-operate with that process and let us know what your employer proposes so that we can advise you of your options and ensure that you are not committing yourself to something that might adversely affect your claim.

Should liability be admitted by your employer once your claim has been started, then a request, or an application, if necessary, can be made for an interim payment, or a payment on account of the compensation you will receive at the end of your claim, to help financially as your claim progresses.

The general principles you will find in the FAQs Personal Injury Claims will apply to claims arising from trip/slip/fall accidents, and you may therefore like to read those as well as these additional specifics that it would be helpful to be aware of if you are unfortunate enough to trip, slip or fall and suffer injury.

Q1. What should I do immediately after a trip/slip/fall accident?

If your accident is inside a public building that you are visiting, you should report the accident to a member of staff on the premises and request that they make a written log of the incident. You should read exactly what is recorded to make sure that it accurately details your accident circumstances. You should then sign and date the accident record and, if possible, ask for them to give you a copy to keep.

If your accident is in the street, for example you trip and fall as a result of a pavement defect, it is a good idea to report your accident to the local highways authority as soon as you can so that they will have a note of it as evidence that the accident did happen when and where you say it did, should that be contested. Again, if there is an option for them to email you the information that they have recorded their end for you to keep, that would also be helpful.

Q2. Should I gather evidence?

It is a good idea, sometimes crucial, to take photographs of the cause of your accident as we will wish to see its location, its dimensions and so on before we can advise you on the prospects of success of a claim.

For example, if you have slipped on a spillage or tripped over an object which has been left lying on the floor, you should try to take photographs of this, and of its position and surroundings, before it is cleared up.

If you have tripped on a pothole or pavement defect, you should take a photograph to show the measurements of the depth and width of the hole/defect itself. The best way to do this is to use a ruler in the photograph. Alternatively use a coin for scale in the photograph, which will allow approximate dimensions of the defect to be determined. You should also try and take some wider photographs to show its position on the pavement or road so we can assess just how much of a hazard it posed at the time.

As above, whilst you will have a whole lot of things to be thinking about other than taking photographs after you have fallen and been injured, it is important that the photographs are taken quickly and before the owner, occupier or highways authority has chance to remedy the defect and therefore destroy the evidence we need.

If there were any witnesses to your fall also, it would be a good idea to take their names and contact details in case we need them to help.

Q3. Should I contact my GP/hospital following an accident?

You should always seek medical assistance from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained and also so that the fact of the accident and the injuries you have suffered is recorded in your records, making it more difficult for your opponent to argue that the accident may not have happened in the way you say or that you did not suffer the injuries you claim to have suffered as a result.

Even if you do not think your injuries are sufficiently serious to justify a consultation with your GP or an A&E attendance, it is a good idea to phone your GP surgery and ask them to make a note of your accident and injuries as soon as possible after the accident has happened.

Q1. When it comes to health and safety at work, what rights do employees have and what obligations do employers have?

Employers are legally responsible for the health and safety management of their employees. They must do whatever is reasonably practicable to protect their employee’s health, safety and welfare.

In order to do this employers have legal duties to assess the risks to their employees in the workplace. Any identified risk to the employee should then be addressed by the employer and any risk eliminated or reduced as far as reasonably practicable, this can include training of employees and safety measures.

Employers should have a health and safety policy in place for the protection of their employees. Employees should be made aware of the employer’s safety policies and procedures. The obligations on employers depend on the size of the business and the number of employees.

For particularly high risk activities there are specific rules and obligations on employers that are imposed by law.

Employers are required to consult their employees on health and safety. This can be by speaking to them directly or via a health and safety representative.

If employees think that their employer is exposing them to risk or is not carrying out their legal duties they should inform their employer of this in the first instance and, if no satisfactory response has been received, workers can make a complaint to the Health and Safety Executive.

If an employer fails in their health and safety duties and an employee is injured as a consequence the employee has the right to pursue a civil claim for compensation against their employer.

Q2. What is classified as a work-related illness and how can a solicitor help you to make a claim?

A work related illness is an illness which is caused or contributed to by a work activity. The work activity may not have caused the condition but may have aggravated a pre-existing condition.

Examples of some of the compensable work related illnesses are asbestos related illnesses where the exposure to asbestos occurred whilst undertaking a work related activity, industrial deafness, industrial asthma, stress, dermatitis and vibration white finger.

A solicitor can help you to make a claim by investigating exactly how the illness came to develop, what caused the illness and to identify who was and may now be responsible for paying compensation for the illness.

A solicitor can also assist you in ensuring that you are obtaining the correct benefits for the illness from which you are suffering.

Q3. What issues can arise when making a claim against employers?

Some work-related illnesses develop many years after a sufferer has left the work place. A good example of this is asbestos related illness claims where the illness may develop over 20 years after work place exposure to asbestos.

In these claims the employer may have ceased trading or an employee may no longer be able to recall exactly who they worked for. If the sufferer was an employee it may be possible for a solicitor to obtain their employment history in order to assist in providing the identity of a defendant.

If the company is no longer trading a solicitor may be able to trace the insurer for the company and to direct the claim to them.

If the person suffering from a work-related illness remains working for the company that caused their illness there may be issues relating to their employment rights on which a solicitor can advise.

Q4. Is there a time limit on making a work-related illness claim?

Yes. Strictly speaking the time limit for issuing a work-related illness claim with the court is usually three years from the date of diagnosis (NOT three years from the date of exposure).

It is worth getting advice from a solicitor who is specialist in this area as the circumstances involving work-related illness claims may mean that calculating the time limits are more complex than in other types of claim.

Q1. How do I know whether I can make a personal injury claim?

If you are able to prove that you have suffered an accident that was not your fault - for example a road traffic accident caused by somebody else, or an accident at work where you have not been issued the correct safety equipment - you may have the basis of a claim for compensation.

Q2. Is it wrong to claim?

The law exists to provide redress and compensation for people injured through no fault of their own. Insurance companies sometimes try to criticise people for claiming compensation for personal injury. They say that to reduce the number of claims that are made. However, you should not be embarrassed or feel ashamed about making a claim when you have been injured or affected financially by the negligent actions of others. Not only have we as a society decided that such claims are appropriate and that the state should support them, but insurers are secretly pleased that such claims are made since if there were no claims then there would be no need for insurers.

Q3. Is there any time limit for consulting a solicitor about a potential claim?

Yes – most personal injury claims must be started in court no more than 3 years after the accident if the claimant is an adult, or no more than 3 years after their 18th birthday if the claimant is a child. However, different time limits apply to some different types of claim, so the sooner you consult a lawyer, the less the risk for you.

Q4. How will my claim be funded?

Many people have the benefit of legal expenses insurance with their home or motor insurance or even attached to some credit cards. That insurance may provide cover in cases of personal injury. Some people are members of a trade union which may provide them with assistance. In the event that you have no insurance or trade union cover, Battens may well be able to offer you a no-win-no-fee agreement tailored to your specific circumstances. In any event, our Personal Injury Team will be able to talk through the funding options with you and help you to decide which would best fit your needs.

Q5. How long will my claim take?

It is often impossible to give a precise indication of the future timescale. In general, though, very straightforward personal injury claims can be concluded within 9-12 months from the date the claim commenced. This will however depend on how long the recovery from the injuries takes, on whether additional treatment is recommended for the patient before a final prognosis can be given, and so on. More protracted claims, in particular claims which involve significant and multiple injuries with a long recovery period, Court proceedings and possibly also a trial, may take 2 years or more to conclude.

Q6. Will I need a medical examination?

Yes – in most cases you will need to see an independent medical expert (someone who does not already know you and has not previously been involved in your care) who will examine you and prepare a report, or reports, detailing the injuries you have suffered and saying whether you are likely go on to make a full recovery. These reports will be used to value your claim for the purposes of settlement, and if the claim goes to a final hearing the Court will consider them.

Q7. How much compensation will I get?

In most personal injury cases, you will be able to claim for the pain, suffering and any limitations caused to your day-to-day living as a result of your injuries. This will be calculated by reference to the expert medical evidence. In addition, you can make a claim for financial losses you have suffered as a result of the accident, for example loss of earnings.

Q8. What deductions will be made from my compensation?

In many cases, we will make no deductions, to take towards your legal fees, from the compensation that you receive. It may though be necessary for you to pay from your damages the premium for an insurance policy if you decide to take one out - such a policy would protect you against the risk of having to pay expenses of the claim and the other side’s costs if your claim was not successful.

Q9. Will I have to go to court?

The vast majority of personal injury claims are settled without the need to go to court. There are however some occasions where a suitable settlement cannot be agreed with the Defendant, and those claims need to go to Court so that a Judge can make a decision about them.

Q10. What information will I need to provide to my solicitor when I first contact them?

As well as a full description of your accident and details of the people involved, your solicitor will need details of any legal expenses insurance you may have, the injuries that you have suffered, treatment you have had so far and any future treatment that has been recommended, and expenses you have had to pay out, or money you have lost, as a result of your accident. Your solicitor will probably ask to see any paperwork you have which relates to any of those areas.

Q1. What is a primary victim?

The injury was reasonably foreseeable.

They have to have close ties of love and affection with the injured person (who is known as the primary victim), such as a parent, child or spouse.

The secondary victim has to witness the accident or the immediate aftermath. You therefore need to be present at the accident or immediately afterwards, as you need to be able to show proximity to the accident in terms of time and space, such as witnessing a car crash.

The secondary victim has to suffer a recognisable psychiatric injury caused by the Defendant’s negligence. The things to look out for are flashbacks, nightmares, trouble sleeping, unable to work. You should also ask whether the secondary victim is receiving counselling and/or prescribed anti-depressants. Normal grief is not sufficient. Medical evidence will be required to support any psychiatric injury suffered by the Secondary victim.

The injury was caused by nervous shock as a result of a sudden perception of death or risk of injury to the primary victim. Nervous shock in Alcock was noted as being sudden appreciation by sight or sound of a horrifying event which violently agitates the mind. Being told by a third party is not enough. A secondary victim has to perceive death, injury or risk of injury by sight or sound.

A primary victim is a person who suffers injury or death as a result of a Defendant’s negligence.

Q2. What is a Secondary Victim?

A secondary victim is a person who suffers psychiatric injury as a result of witnessing injury, fear of injury or death of a loved one, who is the primary victim.

Q3. Who can be a secondary victim?

Someone who has a close tie of love and affection with the primary victim and witnesses injury, fear of injury or death of their loved one.

Q4. What control tests have to be met for secondary victims to be successful in making a claim for damages for psychiatric injury?

There are 5 control tests which have to be met which were decided in a House of Lords case known as Alcock v Chief Constable of South Yorkshire following the Hillsborough Disaster.

They are as follows:-

Q5. Do I need to satisfy all the control tests decided in the case of Alcock?

Yes - not all cases succeed as they do not meet all the control tests set out above such as in the case of Taylor v A Novo Ltd 2013. This was a case where the claimant who was the secondary victim’s mother was injured in an accident at work. 3 weeks later the mother developed a pulmonary embolism and died suddenly. The claimant suffered psychiatric injury as a result of witnessing her mother’s death. The claim however failed on the grounds that the claimant was not present at the scene of the accident. There was too much time separating the accident and the sudden death of her mother.

Q6. What do I need to do if I wish to make a claim as a secondary victim?

You need to seek legal advice from a lawyer and establish whether you meet the control tests which I have discussed above.

Q7. How would my claim be funded?

We consider every claim to see whether a conditional fee agreement otherwise known as a no win no fee agreement can be offered to each client, but there are other options which we would discuss at our meeting with you.