During recent years there has been a significant increase in the number of knife crime related assaults in the UK particularly in London and the South East of England. Many of the assaults result in serious injury or death being inflicted upon the victim
If you have been stabbed or suffered injury in any way as a result of a knife related assault, you may be entitled to claim compensation.
You can submit a claim application under a scheme operated by the Criminal Injuries Compensation Authority (CICA) an agency of the Ministry of Justice. To make your claim under the CICA scheme you must have reported the knife assault to the police and received medical attention for any wound or injury received. It is possible to claim for scarring where the scars are significant and leave a cosmetic blemish. Photos of the scarring will be necessary and only permanent blemishes can be claimed for.
The deadline for claiming criminal injuries is usually 2 years from the date of incident or date of police notification (but this should be as soon as possible given the nature of the crime). More here on the deadline claim deadlines and 2 year rule.
Many of the applicants we help are victims of mindless violence. Being in the wrong place at the wrong time is a situation that can happen to any one of us. However you must be aware of the CICA strict criteria for making a claim of this type. It is important that anyone making a claim under the CICA scheme was not involved in either causing the incident (for example a fight) that led to them being stabbed or otherwise contributed to their injuries by failing to safeguard themselves. Be aware – avoid 5 common mistakes applicants often make when applying for compensation.
An award under the CICA scheme is based on a tiered tariff valuation system where fixed amounts can be claimed for certain types of injuries. It can be very difficult to value a knife wound case as very often the damage cause can be complex, injuring muscles and tendons etc which lead to long term disability or loss of function. Each case must therefore be assessed on its own merits but here are some examples of payouts for stabbing victim claims:
You will immediately recognise that these sums are not vast and particularly when you bear in mind the nature of the trauma involved. However the scheme does not allow for large payment to be made in respect of these such injuries. It may however also be the case that a victim suffers from mental health issues arising from a stabbing. In such cases you may instead be able to claim for a higher award if your injuries lead to a diagnosed disabling mental health condition such as Post Traumatic Stress Disorder (PTSD). This will need to be fully evidenced by a psychiatrist or clinical psychologist.
It may be possible to claim for lost earnings if you cannot work but only if you are absent for a long period. The CICA do not pay any award for earnings for the first 28 weeks of any period of loss.