Personal Injury
Criminal Injuries Claims
One of the lesser known types of personal & fatal injury claim are those that stem from violent or sexual criminal attacks. Victims can often not be provided with the information they need or can be daunted by the prospect of making a criminal injuries compensation claim after such a traumatic event.
Compensation is available from a government body known as the Criminal Injuries Compensation Authority (known as the CICA) and covers a wide range of injuries from physical to psychological stemming from crimes from assaults, attempted murders, rapes and arson attacks just to name a few. Importantly, you do not need to face your attacker again to bring a claim. This is an independent process provided the crime was originally reported to the police.
Criminal Injury Claims can also be made by family members who have sadly died as a result of a violent crime.
Criminal Injury claims compensation
Available of up to £500,000
- An injury is suffered
- A loss of earnings
- Equipment & Therapy
- Care
- Professional Deputy Costs (where a victim cannot manage their own affairs anymore)
- Bereavement & Dependency costs
- Funeral Costs
In 2014-15 only 304 claims were lodged with the CICA in the Brighton area yet there were just under 13,500 violent or sexual crimes reported to Sussex Police. This means nearly 98% of people who might be entitled to compensation may not be applying for money they are entitled to.
Please click here to read the most common questions we get asked about CICA claims and our responses. For more information on CICA claims and what the scheme is, please visit www.gov.uk/government/organisations/criminal-injuries-compensation-authority
Why Instruct a Solicitor
Criminal Injury Claims
At Dean Wilson, we have been able to help clients with a wide range of injuries maximise the compensation they are entitled to. When you have a claim, clear information needs to be given if a victim has suffered a loss of earnings, requires further equipment or treatment and if any care is required, all of which will increase compensation. Our team have been able to secure 5 and 6 figure sums of compensation for clients where originally they were offered far less by the CICA.
How Much Do criminal injury claims cost?
Compensation
In assisting in these times of claim we at Dean Wilson offer our clients what are known as a “contingency fee agreement.” What this means is that in the event that the CICA do not offer any compensation, you would not pay our legal fees (except any disbursements for things like medical records). If you are awarded compensation by the CICA, we charge up to a maximum of 25% of the compensation awarded to you in payment of our fees. Therefore, if for example you were awarded £10,000, the most you would be charged is £2,500.
If you have been a victim of such a crime, please contact either Alex Brown or Ben Davey in our Criminal Injuries Team who will happily have an initial discussion about your claim, free of charge.
Got Some Questions?
We've got you covered
If your criminal injury case was reported to the police, you can claim compensation through CICA, which will mean you do not need to go to court and you do not need to face your attacker. See more personal injury FAQ’s here.
If you have sustained an injury through a criminal attack, whether it was violent or sexual, you are eligible for the physical and psychological effects this has had on you. If your injuries have caused you loss of earnings, you can also claim for that. See more personal injury FAQ’s here.
Yes you are. Every person in England and Wales who is a blameless victim of violent and sexual crime is entitled to compensation. Victims under 18 can have applications made on their behalf.
A violent crime is someone who assaults another person physically or causes immediate fear of harm either intentionally or recklessly that causes either physical or psychological injury. This includes sexual assault where there was no consent and fire/arson attacks.
No – Provided the violent crime has been reported to the police, there is no need for the attacker to be convicted. In some cases there may not be enough evidence to convict a person or police error may result in no criminal prosecution but you could still be entitled to compensation.
No – The compensation is paid from a government body specifically setup to pay compensation to victims of violent and sexual crime up to a maximum of £500,000 per person.
No – Do not delay in looking to make a claim. You only have 2 years from the date of the attack to make an application for compensation. If you wait until after a criminal trial, you may miss this deadline.
No – When you make an application to the Criminal Injuries Compensation Authority (CICA) they will request the police file and review what happened to you. They will then consider what medical evidence they might need to assess your injuries. There will be no involvement directly with your attacker when making a claim nor will they be notified.
The process is very easy to get started. You simply visit the Criminal Injuries Compensation Authority website at www.cica.gov.uk. Once there you simply follow the instructions to apply for compensation which involves filling in a form or having someone make the application on your behalf.
The CICA will usually request the police file and for your consent to access your medical records to assess the injuries you have sustained. Often they will ask you to attend a medical examination (possibly several) to clarify the exact injuries suffered and what further effect they will have on you and what treatment you might need.
Yes – Provided the injury suffered causes the loss then you can claim for things such as loss of earnings, treatment costs, adaptations to a property and certain type of care.
This is a difficult question, the CICA is a very overworked body and claims can be slow in being processed. It can take up to 2-3 years in some cases to reach a conclusion.
This is up to you. Your local Citizens Advice Bureau (CAB) can often be a good start point for advice about a claim. www.citizensadvice.org.uk
A solicitor can assist greatly in ensuring that you receive the correct amount of compensation for the injuries suffered, especially in cases where the extent of the injuries may not be clear to the Criminal Injuries Compensation Authority. The CAB can advise you of local solicitors who may be able assist you.
Solicitors will often work on a ‘no win, no fee basis’ so if you do not obtain any compensation, you do not have to pay them. If you are successful, the can charge up to a maximum of 25% of any compensation you obtain. You can however pursue a claim for compensation yourself.
Your Personal Injury Experts
Get to know those who are here to help you
Samantha Brace
Trainee Solicitor, Personal Injury & Medical Negligence
Samantha is currently undergoing her first seat as a trainee Solicitor in our Personal Injury & Medical Negligence team, assisting Alex Brown, head of the Personal Injury department with claims in relation to severe and life changing injuries resulting in:
- Brain Injury
- Birth Injury
- Severe Orthopaedic Injuries
- Spinal Cord Injury
Samantha previously worked as a Paralegal in the Dispute Resolution team running her own possession claims assisting landlords recover their residential property along with any rent arrears owed and a successful Judgment for their legal costs.
Samantha worked closely with a well-known local managing agents to help clients achieve the best possible outcome. She also assisted senior members in the team with more general litigation matters.
Qualifications
- 1st Class LLB Law (Hons)
- LPC LLM with Distinction in Professional Legal Practice
Samantha can be contacted by email: slb@deanwilson.co.uk or on her direct dial: 01273 249298.
Alex Brown
Partner & Head of Department, Personal Injury & Medical Negligence
Areas of Specialism
Alex is the head of the Personal Injury and Medical Negligence team specialises in severe and life changing injuries to Claimants who have suffered Personal Injuries, Criminal Injuries & Medical Negligence resulting in:
- Brain Injury
- Spinal Cord injury
- Birth Injury
- Amputations
- Severe Orthopaedic Injuries
Recent Client Matters
- Alex Brown settles multimillion pound claim for an above knee amputee following a Road Traffic Accident
- Alex Brown settles seven figure claim following a birth injury to a child for negligent treatment at St Richards Hospital, Chichester
- Alex Brown secures £500,000 settlement for a pedestrian with a head injury following a Road Traffic Accident.
Qualifications, Membership & Directory Rankings
- Solicitor (LLB Hons)
- Member of Association of Personal Injury Lawyers
- Headway Panel Solicitor
- Major Trauma Signposting Partnership (Brighton)
- Chambers & Partner (Band 2 Partner, Personal Injury and Band 3 Partner, Medical Negligence)
- Legal 500 (Next Generation Partner, Medical Negligence)
Ben Davey
Senior Chartered Legal Executive, Personal Injury & Medical Negligence
Areas of Specialism
Ben is a Senior Chartered Legal Executive in the Personal Injury & Medical Negligence team. He specialises in complex personal injury and medical negligence claims, acting for the injured party or the families. He specialises in a wide range of life-changing injuries ranging from road traffic accidents, employment claims to severe injury medical negligence claims. Ben is also frequently instructed to represent families at inquest.
Ben has dealt with a number of profile matters which have been reported in the regional, national, and international media.
Recent Client Matters
Personal Injury
- Securing a £2million pound settlement for a man left brain damaged after a road traffic accident. The Defendant initially offered just £40,000 alleging that the Claimant was exaggerating his injuries.
- Settling a case for £1.3million on behalf of the family of a man killed by a hit and run driver.
- A substantial confidential sum for a Claimant who suffered a traumatic brain injury following a road traffic accident.
- Acting for Keith Tarry in a high profile claim against easyJet.
- £450,000 for a protected party who suffered a brain injury after his a chair he was sitting on collapsed.
- Settling a ‘secondary victim’ case two weeks before trial. Liability was denied on the basis that the Claimant had no right in law to damages but despite this, a favourable settlement was achieved.
- Obtaining £225,000 for a client who seriously injured his back during unsafe lifting practices at work.
- Acting for a client who suffered severe pelvic, wrist and head injuries after a fall from height at work.
- A substantial six figure claim on behalf of three daughters after their mother was killed in a road traffic accident.
Medical Negligence
- Concluding a claim at a settlement meeting before trial for £3.5 million where the Claimant, a young boy, suffered a significant brain injury after a brain abscess was missed by his GP.
- Obtaining a million pound settlement in respect to a failure to treatment an infection after orthopaedic surgery.
- A six figure sum plus an apology on behalf of the family of a woman who died in hospital after mismanagement of a stomach ulcer.
- Obtaining a substantial six figure sum for a woman going blind though medical negligence.
- Settling a chronic pain claim in the Claimant’s favour two days into a four-day trial.
- Settlement and an apology on behalf of the family of a woman who died after a delay in diagnosing sepsis.
- Acting on behalf of the estate of a father who died as a result of a delay in diagnosing bowel cancer. The case was defended vigorously throughout but the settlement was achieved before trial.
Inquests
- Archie Jesty – 18 year old who took his own life following mental health failings
- Oscar Riley – a two year old who died after a brain tumour was not identified by medical professionals treating him – pro bono
- Reece Lapina Amarelle – who took his own life after he was discharged from a secure unit. A successful civil claim was later pursued.
- Catherine Robinson – a finding of neglect against a health trust who failed to provide appropriate treatment to a woman who later took her own life. Civil claim ongoing.
- Marcella Walton – a 16 year old girl who took her own life after failings in mental health treatment. The Coroner concluded that there were missed opportunities to intervene. Civil claim ongoing.
Human Rights
- Article 2 (right to life) claims on behalf of the family of Reece Lapina Amarelle
- Article 3 (torture & degrading treatment) & Art 8 (private & family life) group action claims on behalf of more than 70 family members of David Fuller’s mortuary victims. Ongoing.
Criminal Injuries Compensation Authority
Feedback
Ben works hard to get the best possible results for his clients. He is organised, has good analytical skills and a good eye for detail – Chambers & Partners 2024
Thinks outside the box – he sees and acknowledges my struggles – The Legal 500 2023
Years of relevant experience and can take cases forward and to successful conclusions with vigour – The Legal 500 2022
Truly outstanding professional – he is willing to go the extra mile and you can always rely on him to ensure clients get justice - Chambers and Partners 2022
Ben Davey was highly professional, diligent and constructively helpful in his explanations. Ben quickly identified the issues and provided a practical approach to deal with the issues in question and accordingly I have no hesitation in recommending him and his firm – Google review
Qualifications, Membership (& Directory Rankings)
- Senior Chartered Legal Executive (FCilex)
- Member of Association of Personal Injury Lawyers
- Headway Panel Solicitor
- Major Trauma Signposting Partnership (Brighton)
Jessica Edwards
Solicitor, Personal Injury & Medical Negligence
Areas of Specialism
I am a Solicitor specialising in personal injury and medical negligence claims. I qualified as a Solicitor in March 2022, having previously spent 4 years working with the team assisting on high value catastrophic injury cases involving brain and spinal cord injury.
I only act for the injured party (Claimants). My specialism is working with people who suffer serious injuries, which may have been caused by:
- Road traffic accidents including Cars, Bicycles and Pedestrians
- Accidents at work
- Accidents on public property/highways
- Medical Negligence/Injury
Recent Client Matters
I have previously reached settlement for my clients who have suffered a range of injuries including fractures, soft tissue injuries and PTSD. Following an accident, a client’s day to day life is affected. My role is to secure compensation for client’s whose ability to work and earn has been impacted and to help them meet future treatment needs on a private basis to assist their recovery.
I am currently assisting my colleague, Ben Davey, with the David Fuller inquiry and compensation scheme, and we act for many the affected family members.
- Personal Injury
- Medical Negligence
- Inquests
Qualifications, Membership
- Solicitor (LLB Hons)
- Member of Association of Personal Injury Lawyers
- Major Trauma Signposting Partnership (Brighton)
Tom Saady Gardiner
Paralegal, Personal Injury & Medical Negligence
Areas of Specialism
Tom is a Paralegal in the Personal Injury and Medical Negligence team, assisting Ben Davey and Jessica Edwards with a variety of cases ranging from minor to severe. Tom has assisted on the successful settlement of a number of cases involving severe orthopaedic and psychiatric injuries.
Recent Client Matters
- Tom assisted in securing a successful settlement for two secondary victim claims, where the Claimants were witnessed to the aftermath of a close family member sustaining severe orthopaedic injuries arising out of a road traffic collision.
- Tom is assisting in the ongoing Article 3 (torture & degrading treatment) & Article 8 (private & family life) group action claim for more than 120 family members of David Fuller’s mortuary victims.
Natasha Gunn
Paralegal, Personal Injury & Medical Negligence
Areas of Specialism
Natasha is a Paralegal in the Personal Injury and Medical Negligence team, and assists Ben Davey and Jessica Edwards with a variety of cases involving:
- Severe orthopaedic injury
- Brain injury
- Amputation
- Inquests
- Psychiatric injury
Recent Client Matters
- Natasha is assisting in the Article 8 (private & family life) group action claim for more than 120 family members of David Fuller’s mortuary victims.
- Natasha has recently assisted on the settlement of a case involving a pedestrian who was struck by a car resulting in orthopaedic, dental and brain injuries.
Qualifications, Membership
- LLB (Hons)
- LLM Law – International Human Rights Law
- Currently studying towards the SQE (Solicitor Qualifying Exam)
Becca Porter
Senior Legal Assistant / Paralegal, Personal Injury & Medical Negligence
Areas of Specialism
Becca supports Alex Brown and the Personal Injury and Medical Negligence Team in cases involving severe and life changing injuries to claimants who have suffered personal injuries, criminal injuries & medical negligence resulting in:
- Brain Injury
- Spinal Cord Injury
- Birth Injury
- Amputations
- Severe Orthopaedic Injuries
Recent Client Matters
- Becca assisted Alex Brown to secure a six-figure sum for a client who suffered a severe leg injury in a road traffic accident. On taking the case over from another firm of solicitors, it became clear there were evidential issues, including urgent and complex disclosure, which were swiftly dealt with to enable the claim to progress to a successful resolution.
- Becca supported Alex who acted for an amputee injured in a motorcycle accident. Compensation of approximately £2,000,000 was achieved.
- With a personal interest in neurodivergence, Becca has supported the Team in several brain injury cases, including for clients with birth injuries. One recent case included recovering sums to fund physiotherapy, occupational therapy, psychiatry, psychology, pain management, vestibular therapy, speech and language therapy, hydrotherapy, assistive technology, care and case management, amongst other heads of damage. Some of the cases Becca has worked on involve anonymity orders to protect the identity of vulnerable clients, which is why these cases are not publicised on our website.
- In numerous cases, Becca has supported Alex and the team utilising her extensive experience of disclosure and Schedules of Special Damage.
Qualifications, Membership
- BA (Hons)
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