Category: Criminal Injury

Can I make a Criminal Injury Claim if I don’t know who did it?

Posted on June 30, 2021 by Hannah Fletcher - Accidents in Public, Blog, Criminal Injury, Uncategorised

By making a criminal injury claim, you are looking to receive justice for what has happened to you. Out of all the types of injuries you can suffer from, criminal injuries can be extremely traumatic. You never wanted to get hurt. The fact that it was not an accident can leave you feeling emotionally scarred and vulnerable. It can take months, sometimes even years to recover from the physical and emotional damages. When you don’t know who was responsible for your damages, it can leave you feeling frightened of leaving your own front door step. That’s why it’s crucial that you get the help you need to ensure that you get justice and compensation for your damages.

Even if you do not know who was responsible for your damages, you could still claim compensation from CICA. Gowing Law Solicitors are here to help you get a pay-out whilst you recover. It’s a daunting prospect taking on a legal claim on your own, especially a criminal injury claim. That’s why our solicitors will make sure you are entirely at ease whilst they contact CICA on your behalf and help you through the claims process. To learn more about making this type of claim, contact our law firm by calling 0800 041 8350 or by visiting our website today:

What are classified as criminal injuries?

When we think about criminal activity, our minds tend to jump to house invaders or people looking to start a fight on a night out. Truth be told, criminal injuries can happen at any time and in any place. They could happen to you when you go out with friends or they could happen if you cross the road. Sometimes it all depends on being in the wrong place at the wrong time. Some criminal injuries that you sustain may only be small, but at other times they can be life-changing. Some examples of criminal injuries can include:

Physical assault
Sexual assault
Stalking
Terrorism attacks
Kidnapping
Group attacks
Domestic Violence
Property destruction
Vandalism

As you can see from those listed, the types of criminal activities will vary in their destruction and damages. No matter what type of criminal injury you have suffered from, you have the right to compensation. Keep that in mind when you start your claim. You were the victim and you did not deserve to get hurt. That’s why it’s crucial that, even if you do not know who hurt you, you are able to go to CICA to get justice and to help you recover with the help of a compensation pay-out.

What type of injuries could I suffer from?

As you have survived an assault or an attack, the main reason behind your criminal injury claim is to claim compensation for any injuries you have suffered from. These are also known as “damages”. Before we jump into physical injuries, in the legal world, damages mean a lot more than just suffering a cut, laceration or bruising. There are additional types of damages you can suffer from, including emotional damages, property damages, technology damages and financial damages. However, to claim for these, you will have to have suffered from physical damages from your attack. Take a look at the infographic below to get a better idea of the type of criminal injuries you could have suffered from:

As you can see, there are a range of injuries you could suffer from due to criminal activity. It’s important to understand that whether you have just been involved in a small fight or someone has attacked, mugged you and left you with severe head trauma, your damages will make you eligible for compensation. It is entirely up to you to decide whether or not you think it is worth moving forward with the claim. Your solicitor will be able to help you understand how much you could be owed as compensation. However, the final decision is entirely up to you.

What if I don’t know who was responsible for my criminal injury?

It can be a traumatic experience to get hurt due to a criminal activity. This can only be made worse if you don’t know who was responsible for it. After all, you may be too scared to come forward if you can’t put a face to the person responsible for your injuries. You may think your claim will not be taken seriously or that it could be dropped if they cannot find the person who hurt you. But this is certainly not the case. You can make a criminal injury claim even if you don’t know who was responsible for your injuries. Even if you do not find out who hurt you, your compensation will be paid directly from CICA.

Your solicitor will always take your claim seriously if you have suffered from criminal injuries. They understand that you may be struggling to come to terms with what has happened. That’s why we want to ensure that we support you throughout your claim. We can provide you advice and consultations, as well as handle any tricky paperwork. Put your faith in Gowing Law’s solicitors and they will always be there to get you the outcome you deserve.

Can I make a criminal injury claim if I already have a criminal record?

Although this may be taken into account if it is relevant to your case, having a criminal record should not impede your claim. If you are a victim of an attack or crime, you deserve to be compensated for your damages. Speak to your solicitor about any criminal record you may have. It is always better to be open and honest about these type of things .That way your lawyer can find the best way to help you.

How long do I have to make a criminal injury claim?

Once you have had your investigation concluded by the police, you will have two years to make a claim. That’s why it is essential that you get in contact with a solicitor as quickly as possible. That way you can give them the maximum amount of time to sort out your claim. Your solicitor can then work out a time line to ensure that your claim goes smoothly. Just keep in mind that the current pandemic may mean that there are delays. Be aware that things may change quickly!

How much could I claim for making a criminal injury claim?

The amount of compensation that you are owed depends on the complexity of your damages and the type of injuries you have experienced. In our experience, pay-outs can range around £1,000 – £500,000. Again, this entirely depends on your own personal circumstance. Every injury claim is different. That’s why it’s important to speak to a solicitor to get a rough estimate of how much you be owed.

Gowing Law Solicitors can help you with your criminal injury claim!

Here at Gowing Law Solicitors, we understand that going through any type of criminal injury can be extremely traumatic. We want to help you through this difficult time by providing you the legal advice you need to move forward. Our solicitors can offer you free consultations to get you started. If you are happy to work with them, they can offer their services on a “no win-no fee” basis. That means you will always come out on top. You will never need to pay any hidden fees.

Speak to Gowing Law Solicitors to get started on your claim. Call 0800 041 8350, email info@gowinglaw.co.uk or use our claim’s checker.

Learn more about making a criminal injury claim

If you are interested in learning more about making a criminal injury claim, the best place to get information is Gowing Law’s blog. We update it every week with brand new content. This content is about different law claims, seasonal events, updates about our legal firm and the occasional competition/giveaway. You can even suggest topics that we can write about on our blog. Send in your ideas to info@gowinglaw.co.uk. Make sure to also follow our social media pages to find out what we have been up to recently.

We look forward to seeing you in our next blog!

Personal Injuries and Halloween: How to stay safe!

Posted on October 16, 2020 by Hannah Fletcher - Accidents in Public, Blog, Criminal Injury, Gowing Law Updates, Traffic Accidents, Uncategorised, Work Place Accidents

Personal injuries are more common than you think on All Hallows’ Eve! But here at Gowing Law, we always love being able to celebrate this holiday with our colleagues. Take a look at the photo below if you don’t believe us!

Whilst it is always a good laugh to dress up and be with friends on Halloween, this year things may be a bit different. After all, we are all staying inside in order to socially distance and avoid spreading Covid-19 to our friends and loved ones. However, if you are still going out to do a little trick or treating, you need to try your best to keep you and your loved ones safe. Did you know that on average there are around 41 million kids and parents that go out on Halloween? That’s why it’s one of the spookiest days of the year for personal injuries solicitors.

If you do get hurt, Gowing Law Solicitors can help make the claim less spooky! Have a look at our claims checker to get started:

Should I really go out Trick or Treating this Halloween?

This year, personal injuries are going to be the least of your worries when it comes to Halloween. As we stated before, Covid-19 is going to have a large impact on the way we interact with other people long into the future. That’s why you may also be considering whether or not it’s worth going out this year. There isn’t exactly going to be any parties this year, nor is it really worth going to your neighbour’s houses in order to get sweets. After all, you have to interact with people outside of your social bubble in order for your children to get candy.

We would highly recommend that you go with your gut instinct on what you think is right to do. Whilst it has not yet been banned to go trick or treating, right now you won’t be able to go in a group larger than six. That and there will still be a chance that you could spread germs around to your neighbours. Take appropriate precautions if you do decide to go out.

Here are some of our own suggestions to get you started:

Young Children & Personal Injuries

Whilst it’s important to consider your own personal safety when you go out on Halloween night, let’s be honest, the most vulnerable people out on the street are going to be children. That’s why you need to be aware of any potential risks that might be posed to their safety. Make sure they are with you at all times and you know which houses they are visiting in order to get sweets.

One of the biggest urban personal injury legends about Halloween is that there might be poison or sharp objects within the chocolate. However, there has been very little evidence that this actually happens in real life. Usually, if a tampering does happen it is usually by a friend or family member who are trying to do it as a prank. No one has ever been killed because of tainted candy.

Just make sure to keep an eye your children and they should be okay. If they do suffer from a personal injury, you will have to represent them as they are under 18 years old.

How could I suffer from personal injuries on Halloween?

Out of all of the holidays, Halloween tends to be the one where people are most likely to get hurt. This is because they may go out to party, get drunk and fall over, or they may be crossing a busy street and end up in a pedestrian traffic accident. There are many types of problems that could lead to you getting hurt if you decide to go out. Take a look at our infographic below for an idea of what could happen when you go out for Halloween.

As you can see, the main accidents normally involve criminal activities, falling over, costume problems and pedestrian accidents with vehicles on the road. The first thing you need to think about is about how to walk safely around your neighbourhood, town, or city. It is going to be very dark, therefore you should consider wearing bright clothing, using glowing sticks or operating a Halloween candle. That way you can see others and others can see you. Go over street rules with your children, including:

Looking both ways before you cross a street.
Pausing at a curb before going out onto the road.
Holding hands before crossing a road.
Utilizing the sidewalk and crossroads to get around safely.

Establish these ground rules and maybe even make a map of your neighbourhood to ensure that they do not get lost. You should always have them carry a fully charged phone in which they can contact you if something bad does happen. That way if the responsible adult gets separated then people can stay in contact.

Work Accidents & Halloween

Public injuries can happen in any type of environment. Be it a pub, an office or any sort of public venue, if the accident was not your fault then it is very likely that you will be able to claim a large amount of compensation. The same thing happens if you have got a seasonal job at some kind of Halloween venue. This includes:

Themed bars and pubs
Outdoor Halloween events
Themed Halloween theme parks
Haunted Houses
Public parties

If you have managed to get a job at a themed event, there is a chance that you could get hurt due the negligence of your customers or management. Take a look at the case study below to get an idea of what could happen whilst you are on duty:

As you can see from our case-study, it was a completely unprovoked assault. Without any manager or security to protect him at work, Terry found himself helpless when he was attacked by customers. This means he could file his case with CICA or as a work accident claim with an experienced legal solicitor.

To make a claim, the accident needs not to have been caused by your own negligence. Instead, it needs to be the fault of someone else. Your place of work has a “duty of care” for your safety and security. That means they need to do everything within reason to keep you in a safe work environment. The accidents you experience may be due to a lack of training, experience or perhaps just bad luck.

You could get hurt due to:

Faulty equipment
Slips or trips
Violent customers
Unsafe working conditions
Inadequate management

These are only a few examples. If a work accident does happen, make sure to alert senior staff as quickly as possible. Your injury should be noted down within the work accident hand book, even if it is just seasonal/holiday work. You should also consider calling an ambulance, the police and collecting evidence, such as photographs, video, witness statements and CCTV footage.

Driving & Halloween

Traffic accidents tend to become more frequent on Halloween night. Distracted drivers may not be used to the area and so could look at their GPS more than the road. It is also very likely that they could be texting on their phone or speaking to someone in the car. Halloween parties could also make it more likely that there will be some drunk drivers behind the wheel. If you have experienced an accident due to the negligence of a drunk driver, it is very likely that you could get a lot of compensation for your injuries.

Always take care while driving, especially if you are taking care of children who are trick or treating. If there is an incident, be sure to take down the license plate and contact details of the other driver who caused the accident. You will also want to collect evidence from the scene of the traffic accident, this includes potentially getting a police report to ensure that you get a unbiased perspective on the accident itself.

How do I keep safe on Halloween night?

Now, Halloween should be an enjoyable holiday for you and all of your family. Personal injuries can happen at any time and in any place. That’s why you need to keep your guard up when you do go out and about. Things may be a little different this year, but you can still have fun.

When you get dressed up in your costumes, pick something bright and flamboyant in order to keep yourself visible. It is also recommended that you go in a group in order to make sure that someone has their eye on you at all times.

If you are going to drive on Halloween, make sure to avoid drinking at all costs. You may also want to avoid it if you have a long walk home. Many people trip up and fall because they lose their balance after having a night on the town. Drunk walking can also make people stumble onto the road off the sidewalk. Whilst you may not need to pay compensation if you are a pedestrian, the last thing that you want on your hands is to know that you have hurt someone else. Instead, focus on how you can have fun whilst remaining safe. That way you can fully enjoy the Halloween event without there being any consequences. You will only have good memories.

What should I do if I experience personal injuries on Halloween?

You should treat them just as you would if you get hurt on any other day. You should consider going to hospital to have your wounds checked out. If you are well enough to collect evidence then you should do so. This includes getting:

Photographs and videos
CCTV evidence
Police reports
Medical reports
Receipts
Witness statements
Diary entries

You will also want to get legal counsel on how to move forward with your claim. Gowing Law’s trained solicitors are more than happy to help you with your personal injury claim. That way you can avoid making any mistakes that could invalidate it. Gowing Law’s personal injuries specialists can also help you when it comes to your settlement agreement. They can calculate an estimate about how much you could be owed and whether or not you should go to court to settle the case. Make sure to also show them the evidence you have gathered. They can help you organize it!

Gowing Law is here to support you with any sort of personal injuries claim

Here at Gowing Law, we would be more than happy to help you with your claim. If you have got hurt, and it was not your fault, our personal injury specialists will make sure that you get the compensation that you deserve. We can offer free advice and consultations to get you started. These can be undertaken remotely if you are worried about Covid-19. From there, if you decide you want to work with us, our solicitors can offer their services on a ”no win-no fee”.

Contact Gowing Law Solicitors today by contacting our legal firm at 0800 041 3850, emailing info@gowinglaw.co.uk or using our claims checker. You can also reach out to us directly by using our contact page or LiveChat. Let us know how we can help you! Our solicitors are on the case.

Can I make an accident claim if I was drunk?

Posted on September 15, 2020 by Hannah Fletcher - Accidents in Public, Blog, Criminal Injury, Uncategorised

An accident claim can protect you even if you have suffered from the worst of injuries. No one wants to get hurt when they have a night out on to the town. They expect to have some fun with their friends and make some happy memories. Well, sometimes the events of the night can have some unexpected twists and turns. Getting drunk means that you may end up making yourself more vulnerable than you would like to admit. Not only is it more likely that you could lose your balance, but being intoxicated could put you more at risk for a criminal injury. This includes being mugged, violent fights or something much worse.

If you have had an accident whilst drunk, it’s common to believe that you can’t make a claim. After all, you were the person that decided to drink and therefore any disorderly conduct is on your head. This means that you cannot possibly be able to make a claim. Well, this isn’t exactly true. There are special circumstances that could make you eligible for compensation for an accident in a public place. After you have finished reading about these types of public accident claims, don’t forget to visit Gowing Law’s public accident compensation page to ensure you know everything you need to know about making a claim:

Why does being drunk not make me eligible for an accident claim?

Being intoxicated on a night out can make it more likely that there will be challenges to who was at fault. After all, are you sure that what you remember is exactly what happened? Having even a small amount of alcohol can leave you feeling tipsy and disorientated. Therefore, events may have played out in a different way than you could remember. This could make it less likely that you could make a claim. In fact, it may even make it more likely that your drinking activities actually contributed to the accident.

To make yourself eligible for any sort of claim, you need to show that:

Although the alcohol may have contributed to your accident, it does not mean that it was the overall reason that you were hurt. The public accident happened regardless of whether you were drinking or not. Therefore, it was not your fault that it happened in the first place. The fact that employees/employers did not look after you, and contributed to you getting hurt, simply means that you may have a higher chance of claiming for compensation.

Keep in mind that dark lighting, slippery falls and untrained staff could also cause an accident, even if you are already drunk. This is because your motor skills will not be fully focused in order to protect yourself if you are drunk.

What should I do if I have been assaulted whilst drunk?

There is a clear relationship between drinking and violence. So, if you are intoxicated whilst on a night out, the chance that you may be accosted in the street or get involved in a fight becomes more likely. You can claim compensation if you were assaulted in a drunken fight. However, keep in mind that this would not actually be a public accident claim. Instead, it would be a criminal injury claim. You can speak to a solicitor in order to get help to file a report. You will also need to have reported the incident to the police and complied with the investigation. It is only after this has been concluded that you can start working on your criminal injury claim. This claim will be made to the Criminal Injuries Compensation Authority (CICA).

You will need to make your claim within two years of the date of your assault. The good news is that even if you cannot fully remember who your attacker was then you can still make a claim for physical, emotional and financial losses. Just remember to report the crime to the police before you start making your own preparations for your compensation case.

Drivers & Drunk Pedestrians

Speaking to vehicle owners, if you are involved in a pedestrian accident, and the pedestrian was drunk, there is still a chance that you could be blamed for the accident. You should never leave an accident as this could mean that it is classified as a hit and run incident. Instead, you should call the authorities and let them get a clear indication of what happened so that it can be transferred to a police report.

It is important for drivers to obey the rules of the road and adhere to a “duty of care” towards everyone who shares the space with you. If a drunk pedestrian does mistakenly try to cross the road, and maybe falls over, it is up to you to make sure that they are safe by protecting them against your vehicle and any others that may injure them. If you fail to do this and your actions do end up getting the person hurt, you could be liable for their damages.

The best way to tell who is at fault for this kind of accident is honestly to look at the evidence. A CCTV camera or dash-cam may be the deciding factor. Take a look below to see an example:

What should you do if you can’t remember how exactly you got hurt?

This is where things can get complicated. If you ended up blacking out during your night out, you may struggle to remember what exactly happened when you got hurt. Worse still, you probably won’t be able to remember whether or not you were the cause of your accident. You wouldn’t want to blame someone incorrectly. That’s why it’s important that you gather as much evidence as possible.

The first thing you should consider is retracing your steps. If you went out with friends, ask them about your moves and see if they can serve as witnesses if you did get hurt due to someone else’s negligence. You can also go back to the venues you visited and ask staff if they remember anything. You could also ask to see CCTV evidence to see if you can catch your actions over the course of the evening.

Keep in mind that it may be harder to claim for public accident compensation if you genuinely can’t remember the events of the night. That’s why you should seek legal counsel to try and figure out whether or not it is worth even pursuing a claim.

What can I claim if I ask for drunk injury compensation?

If you are going to make a compensation claim for a drunken injury, your damages can be categorized into “general damages” and “special damages”. Your general damages are your physical injuries. Think of them as a way of accounting for you pain and suffering. That way if you suffer any disabilities or long-term effects, you could claim for compensation. You can also claim for special damages if you have suffered from financial losses.

Here are some more specific examples that you could choose to claim for:

Physical injuries
Emotional damages
Travel expenses
Loss of wages/earnings
Loss of opportunity (i.e. a promotion at work)
Expense of care and therapies
Medical expenses

What sort of evidence do I need to make a compensation claim?

If you are going to make a compensation claim, it’s important that you have evidence to back them up. Without evidence then it simply turns into a case of “he said-she said.” You need to prove that you were not liable for your injuries. Drinking made you more vulnerable and someone else may have been at fault for you getting hurt. Evidence is the key to getting a high pay-out. That’s why you should aim to get as much as possible before you are taken to the hospital to have your wounds checked out. Here are some examples of the evidence that you could collect:

Photographs
Videos and CCTV footage
Witness Statements
Diary Entries
Police Reports
Medical Reports
Receipts
Evidence of a loss of wage/promotion
Communication with your insurance company/ the insurance company of the other party

Keep in mind that some of your evidence will need to be collected during the accident, whilst other evidence will need to be collected afterwards. For instance, you will be able to call the police to come to the scene of the accident. However you will only be able to get a medical report after the accident has happened. Remember this when you finally collect your evidence and bring it to your solicitor to be organized.

What should I do if I have an accident on a drunken night out?

No matter what type of venue you are at, such as a nightclub, bar, pub or restaurant, if you are hurt during a drunken night out then the first thing you should do is alert the staff. You could have been injured due to:

A bar fight
Slipping on an uneven pathway/flooring/staircase
Bad lighting
Burns from hot plates
Food/alcohol poisoning

Alerting the staff can help you have the incident placed in the venue’s accident work book. Emergency services can then be called to help you with any injuries that you have suffered due to the accident. During this time, you may also want to call the police in order to have a police report created. You should also start looking for the evidence that can prove that you were not responsible for your injuries, including witness statements from people nearby who saw your accident. However, first and foremost, focus on your health. That way you can make sure that your wounds don’t get any worse. Being drunk, you will be vulnerable. Therefore, you will need help.

How much compensation could I receive for an accident claim?

The amount of compensation that you claim will depend on the extent of your injuries, the amount of evidence you have and whether or not you were liable for your accident. If you have suffered from terrible injuries, or an accident that has changed your life, you could claim up to a seven-figure pay out. To figure out how much you could potentially gain for your incident, you will need to speak to a solicitor. They should be able to give you an estimate. This should help you figure out a potential settlement fee to get started with your claim. You can share this figure with the person responsible for your injuries and their insurance provider.

How long do I have to make an accident claim if I was drunk?

You should have around 3 years from the time you got hurt to make a claim. This is why you should try and make your claim as quickly as possible. That way you won’t lose any vital evidence and also give your solicitor the maximum amount of time to organize your case and put it forward in its best light. Remember to keep up-to-date with the latest information about your claim. Your solicitor can give you a timeline to ensure that you know exactly how your accident claim is going.

Gowing Law can help you with your public accident claim!

Public accident claims can quickly get complicated if you do not have the help of a legal specialist. This is where Gowing Law Solicitors can step in to help you with your claim. We can offer free advice and consultations to get you started. These can all be undertaken remotely. If you are happy to work with us, our solicitors can offer you their services on a “no win-no fee” basis. That means you will always come out on top, even if you do not have a successful court case.

Call 0800 041 8350, email info@gowinglaw.co.uk or use our brand new claims checker. Feel free to also use our LiveChat in order to speak to a specialist about your claim.

Work Accident Compensation: Can commuting employees make a claim?

Posted on September 4, 2020 by Hannah Fletcher - Accidents in Public, Blog, Criminal Injury, Traffic Accidents, Uncategorised, Work Place Accidents

Work accident compensation is used to protect employees if they have suffered from some kind of work accident. Nowadays, many employees are not going to their office. Instead, they may be working remotely to avoid catching Covid-19. However, for those that are going to work, there is a possibility that they could get hurt whilst they make the commute to the workplace. This could be due to a pedestrian accident, criminal activity or overcrowded public transport. There are many reasons you could get hurt. However, you may be wondering whether or not you could claim compensation for getting hurt.

Gowing Law Solicitor can help you if you have been hurt at work and require compensation for your losses. All you need to do is phone up 0800 041 8350 to get started!

Work Accident Compensation: How could I get hurt on my commute to work?

You may feel a little nervous when you go on your daily commute to work. After all, you may be a bit out of the swing of things when it comes to commuting, or perhaps nervous due to Covid-19. Whilst you are likely taking your own necessary precautions to adhere to social-distancing, such as owning your own face-mask and hand gel, there is still the chance that you could get hurt on your commute to work. Take a look at the infographic below to understand what type of risks could be encountered on your way to work:

As you can see, there are a number of ways you can get hurt at the start and end of the day. There are always going to be hazards on your way to work. Covid-19 may be making people more health & safety conscious, but negligent drivers, passengers and pedestrians could still cause you to get hurt. But the main question is, is your employer responsible for you getting hurt when you are on your way to work? This is what we are going to find out.

Is my employer responsible for providing me with work accident compensation for my commute?

Unfortunately, no, they are not responsible for your safety when you are outside of work. This means you wont be able to get work accident compensation. You are paid for a scheduled amount of time to fulfil a task or provide a skill set. When you are off the clock then your employer is not required to maintain their “duty of care” over what you do. You are basically a free agent to do whatever you want. If you get hurt then this is out of their control. There are only a few circumstances in which your employer would be held responsible for your commute. However, if you have got hurt then you may want to think about making a:

Criminal Injury Claim
Road Traffic Accident Claim
Public Accident Claim

Your eligibility depends on the type of accident you have. However, if you have fall under one of these categories, it is likely that you will be able to get compensation. The only different will be that it will not be paid from the insurance of your employer.

What “special circumstances” could mean that I can make a work accident compensation claim on my commute?

Whilst it is very unlikely that you will be able to make a work accident compensation claim based on an accident during a commute, there are other times when an employee may be covered. Keep in mind that this may only be for very specific employees or events that happen on the commute. Take a look at some of the examples below to get a sense of what could be classified as a commuting work accident:

You were asked to run a work-errand on the way home from your work place or whilst you were on a break. If you got into an accident during this then you could claim compensation. This is known as the capacity concept.

As an employee, you are forced to commute through a “zone of danger” in order to get to work .This includes construction sites and large blasting areas. If you get injured due to these sites then you could be owed compensation.
You are an on-call employee that gets covered when they are called into work. This means that they are covered even if they get hurt at home.
You have been asked to go on business travel or go abroad to a different worksite.
Travel is a normal part of our job and you do not work from an office-site. This can include nurses, sales people, truckers or any sort of vehicle drivers. As you do not have a fixed workplace, you will be exempt from the “coming and going rule”.

Are there any other types of special cases?

Of course, these are only a few examples of why you could be eligible for compensation. The best way you can determine whether or not you will be able to claim compensation for an accident on a commute is by speaking with a trained solicitor. They can let you know if you are pursuing the right claim or if you should consider making a different type of compensation claim.

I was still injured! What should I do now?

Now if you are sure that you do not have a work accident claim, you should consider alternative options. All is not lost! Just because you cannot ask your employer for compensation doesn’t mean that you do not have a compensation claim. You simply need to consider the other accident categories that your case could fall into. Remember, for most accident claims cases, you will need similar types of evidence to prove that you were not responsible for your accident. The categories of public injuries are there to focus you on who will need to pay for your compensation. Here are some examples of the types of claims you could go for, as well as how you could make the claims in general.

Road Traffic accident claims

Normally, when you set out on your commute, you are going to be taking some form of transport or may be walking to work as a pedestrian. However, if there is a careless driver on the road that is breaching their “duty of care” towards other road users, this could cause an accident. The vehicles you may be driving or be a passenger on may include:

Public Transport
Cars
Motorcycles
Bikes
Buses

If you have been involved in a traffic accident, it is likely that it was due to the negligence of the other driver. You need to prove that you were not at fault and took all the precautions necessary in order to avoid an accident. If the accident still happened then this will mean you are not at fault and can claim compensation. Make sure to take down the insurance number and pictures of the other vehicle. That way you can know who to contact if you do end up needing to make a road traffic accident claim.

Criminal Injury Claims

Now, if you are dealing with a criminal injury claim, things may end up going a little differently for your claim. Criminal attacks can happen at any time and in any place. However, if you are commuting back and forward between work, you may find that as the nights get darker, you may start to feel more vulnerable or isolated. If you are walking alone or away from the gaze of the public, this could make it more likely that you experience a violent altercation or an attack. A criminal injury claim may include:

Knife attacks
Gun attacks
Violent assaults
Sexual assaults
Terrorists attacks

Naturally, some of these types of altercations are worse than others. However, claiming for criminal injury insurance should provide you with compensation that can help you recover. If you have suffered from some sort of criminal attack, make sure to immediately call the police or emergency services to ensure that your wounds are treated. Cooperate with the police’s investigation before you start to collect your evidence.

In some cases, you may not be able to pick out your attacker or identify who they are. That is why we would recommend that you seek compensation from the CICA scheme. CICA stands for criminal injuries compensation authority. If you do not know who your attacker is then this may make things difficult. That’s why you need a solicitor to help you collect your evidence to prove that you fall under the scheme.

Public Accident Claims

Another type of compensation you could claim for is known as a public accident claim. These are some of the most common type of claims and are used to get you compensation for damages that happen on public property. So, for instance, let’s say you visit a store on your way to work to pick up your lunch. If you get hurt due to a slip or fall in the store, you could claim for public accident compensation. This applies to any sort of public area that may be under responsibility of a local body of government or an employer. If you have got hurt in a public place, make sure to alert any staff or people around. They can act as your witnesses.

You will also want to get your wounds checked out and start gathering evidence in order to help with your claim. This is very similar to what you may do in a work accident claim.

How do I prepare for an accident claims case?

When it comes to any sort of accident claims case the main thing you need to prove that you are not liable for your injuries is evidence. The more evidence you have, the more likely it is that you can show that you deserve a high amount of compensation for your losses. Now, your losses fall under two categories. These are “general damages”, for your pain and suffering, and “special damages” for your financial losses. You can also claim for emotional trauma, loss of opportunity and broken equipment.

Your evidence should prove that you have suffered from these damages. Examples of evidence may include:

Photographs of your injuries and the accident environment
Videos of your injuries and the accident environment.
CCTV footage
Police reports
Work Accident handbook reports
Witness statements
Medical records
Receipts
Diary entries

These are only a few examples of the types of damages and evidence that you could claim for. Remember that you can use evidence from during and after the incident. For instance, if you are suffering emotional damages after you were physically injured, you could be struggling to undertake normal daily tasks. Your evidence could be a witness statement or diary entry documenting your worries and fears.

Gowing Law can help you with your accident claim!

No matter what sort of accident claim you have, Gowing Law Solicitors can help you with legal counsel. Our experienced lawyers can provide you with expert advice and consultations to get you started. If you are happy with their services, we can take on your case on a “no win-no fee” basis. This means you will always come out on top and there will be no hidden fees that you will need to pay.

Get in contact today by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or using our contact page. One of our team members will then be in touch to help you with your claim and answer your questions.

Criminal Injury – What can I claim for?

Posted on July 10, 2019 by John lucey - Blog, Criminal Injury

What can I claim for if I have been the Victim of a Criminal Injury?

If you have been injured as a result of a criminal act you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA). Individuals who make these claims may have been the direct victim of, for example, an assault, sexual abuse or rape. Your injury could also have been sustained when the individual was attempting to help the police after a crime had been committed. Relatives of a person who has died as a result of injuries can also make a claim.

In all cases, incidents must have been reported to the police at the earliest convenience for our solicitors to potentially proceed with your case. Claims for compensation must be made within two years of the date in which the incident took place. However, exceptions are made in some circumstances so we do advice that you speak to our solicitors who may still be able to take on your claim and/or provide you with legal advice.

What you can claim for:

Physical injuries
Disabling mental injuries
Sexual or physical abuse
Loss of earnings and expenses

A disabling mental injury is when your injury affects your day-to-day life such as at work or in your relationships. Mental injuries must be diagnosed by a psychiatrist or clinical psychologist.

You can apply for compensation for loss of earnings or paid expenses if you have had to have any adaptations to your home or mobility aids as a result of your injuries. You can also claim for damage to any physical aids in the attack such as glasses.

To be eligible to claim for loss of earnings or expenses, you must have been employed at the time of the crime or for the 3 years immediately before the accident date. If you were not working, you could still be eligible to claim if you were unable to work, retired, in full time education or a carer for someone. You must have also not been able to work for 28 weeks or longer to be eligible.

Gowing Law Solicitors can help you with your Criminal Injury

While it is possible to make a claim with CICA yourself, Gowing Law will make sure that you recover the maximum compensation possible under the terms of the Scheme. All our claims are funded by a no win no fee basis, so there is nothing to pay in the event that your application is unsuccessful. In the event that your application is successful, your contribution will be capped at 25%. There is NO requirement for ATE or any other similar insurance for CICA cases

At Gowing Law we have a dedicated and sympathetic team ready to advise you. Call our team on 0161 464 4444 for advice about making a claim today!

Are you the victim of a knife crime? Claim Criminal Injury Compensation!

Posted on June 20, 2018 by GLAdmin - Blog, Criminal Injury

No one wants to be the victim of a knife crime. To be fair, no one wants to be the victim of any sort of crime. But when the worst comes to the worst, we need to be prepared and ready to act. Now, if you live in London, you may be feeling a little scared about the UK’s current situation. Not only do you have to deal with being in the heart of the spread of Covid-19, but with the recent London protests and counter-protests, it can feel like wherever you go, you simply cannot avoid violence and destructive behavior.

It is important that in this hard times you try to keep yourself and your family safe. If you are worried about the spread of Covid-19, make sure to try and stay home as much as possible. However, if you are the victim of criminal activity, you can claim compensation to help you recovery from your injuries. That way if you do suffer from any losses, whether they are financial, emotional or physical, you can take steps to regain control over your life.

So, what is criminal injuries compensation and how do you claim for it? Read on to find out!

Knife Crime & Your Rights

If an unprovoked knife attack has taken place, and you are the victim of this assault, the first thing that you need to do is seek medical assistance. Seek assistance regardless of the apparent severity of your wounds, especially if your stab wound is classified as a penetrating trauma. Most of all it is important that you get out of the altercation as quickly as possible.

A knife crime can also include:

Carrying a knife that has been banned
Threatening a person with a knife
Trying to buy or carry a knife if you are under 18 years old
Robbing a house/public building with a knife as a weapon
Murdering another person with a knife (i.e. stabbing them)

If you are carrying a knife then you can get in serious trouble with the police, especially if you get into an altercation. Some people carry knives or some form of a weapon in order to feel safe when they are moving around their city. However, if you are caught with them after an incident has happened, this could make you liable for the incident in the first place. After all, you knew the implications of bringing weapons out in public and what may happen if you got into an altercation. This could mean that you may have to pay criminal fines as well as compensation for the victim’s injuries.

Knife Crime & Demographics

When we think about criminal activities, we normally end up thinking about the worst. This includes the impact on our family and friends, the financial impact if your injuries put you in the hospital and many other morbid thoughts, including whether or not you should make a will.

If we are looking at the demographics of knife crime around the UK, in 2019 there were estimated to be around 47,000 offences that either involved a sharp object or a knife. According to statistics, London has the highest rate of offences, leveling at around 169 per 100,000 population. This is most likely because London has a large population and expensive living standards. That means that there is a higher chance that you could be involved in an accident.

Take a look at the following case study below from North London to see what could of criminal injuries could warrant compensation.

Case study:

As you can see from this case study, this man truly was a victim of an attack that was due to no fault of his own. In fact, it simply seemed that he was in the wrong place at the wrong time. The two criminals admitted to ”not knowing him”, meaning that the liability of the attack fell on them. This admission of guilt meant that they now owed their victim a duty of care to ensure that they recovered from their wounds. This would be in the form of insurance payments and fines.

You may have been through a similar scenario where you were hurt due to no fault of your own. If you can prove that the criminal act was entirely unprovoked and you did nothing to start it, there is a chance you could claim a high amount of compensation. Keep this in mind when you are speaking to your solicitor about your case.

The aftermath and emotional support

Knife crime is a serious issue in the UK. It can leave you feeling like your life has been flipped upside. Not only can you experience physical harm from the assault, but you also may be left with emotional and psychological trauma that can impede your daily activities. This could include going to work or paying for bills.

This is why the UK government has created a compensation scheme for people who have been effected by criminal injuries. The criminal injuries compensation scheme. The scheme calculates your injuries and damages and awards you compensation. That way you will always be in a secure position to recover, even if you need to take time away from work. Visit the UK government website to learn more about this scheme.

Avoiding knife crime in your city

When it comes to avoiding crime, it’s a case of something that is easier said than done. Sometimes you can simply be in the wrong place at the wrong time. For instance, you could be walking down a quiet street to your car or you may be at home when a burglar is trying to break in to your property. However, there are a few things you can do to make it more unlikely that you will end up as a victim of a stabbing or assault.

Some attackers may be more talkative than others before you have to try and defend yourself. Avoid giving strangers any personal details or information about where you live. Instead, try and walk alternative routes or keep them away from your home. You may want to go into a shop or a restaurant in order to inform them that you are being followed. For more information and tips on how to protect yourself against a knife attack, make sure to look at knifecrimes.org. They have a lot of points that can keep your safe when you need to go out.

How much compensation could I receive from a criminal activity claim?

Now, this depends largely on the amount of injuries you have suffered from your attack. Every criminal injury compensation case is different. In some cases, the victim may have tried to fight back to protect vulnerable people or themselves, meaning that their wounds were made worse. In every case, the amount of risk is looked at carefully and actions are judged on whether they were justified.

The payment you receive will also depend on whether or not your crime was witnessed. Having evidence can show how you tried to de-escalate the situation, but were not successful due to the aggressor can be proof that you were not liable for your injuries. Evidence may include:

Photographs
Photographs of injuries or the scene of the crime
Videos
Witness Statements
Diary Entries
Medical Treatment
Police reports

If there were any witnesses to the crime, there is a chance that they could also receive compensation for mental disturbance, especially if they were involved in the aftermath of the knife attack. However, this will only be awarded in special circumstances.

What can I be compensated for?

As you can see, there are a number of different ways that you can claim compensation. Again, it depends on the severity of your injuries, but in this case it is important to consider physical and mental compensation claims. You can claim for more than just one state of damage. After all, you may have only suffered a minor stab wound, but are now suffer psychological trauma that prevents you from going outside without feeling frightened. You could claim more compensation if you can prove how the experience has negatively impacted your life. Make sure to keep evidence available, including videos, witness statements and diary entries. That way you can show instead of telling your story when you are in court.

Do not worry if you cannot go to court, your solicitor can represent you in the case. You may not be able to go due to the extent of your injuries. That’s why it is so important to have legal help when you start to file a compensation claim. If you cannot make the court date, then they can go in your place.

How long do you have to make a compensation claim?

Criminal injury cases must be brought to court at least 2 years after the incident date. It is recommended that you try to claim compensation as quickly as possible with the help of a trained lawyer. Think about it this way, you are still recovering from your wounds. You can therefore still be suffering serious financial losses due to being injured, for instance if you have not been able to go to work because you have been in hospital, and therefore lost out on some of your wages. Claiming compensation for the attack could mean that you can recover without having to worry about your bills. That peace of mind can really help you on the road to settling any trauma you may have endured.

Gowing Law’s Trained Solicitors can help you with your case!

Here at Gowing Law, we are proud that we can help people who have suffered from knife attacks. No one deserves to live in fear because of a criminal act. That’s why Gowing Law is here to support you. We can make sure that you get the compensation you deserve to recuperate at your own pace. Our specialist criminal injury lawyers can help you organize your information and represent you in court if you are still in the hospital due to your injuries.

All of our solicitors can offer free advice and consultations to discuss your case. If you choose to work with us, then we can offer you service on a “no win-no fee basis”. That means even if you do not get the outcome you want, you will still come out on top. You will not need to pay any additional fees.

If you are interested in working with us on your criminal injury case, please get in contact as soon as possible. You can call 0800 041 8350 or email info@gowinglaw.co.uk. If you want to directly contact us, please use our direct messaging services located on our contact page.

Gowing Law also has a weekly newsletter that we can sign you up for if you want more information on our different offered services. Let us know if you would like us to sign you up!

Want to read more about criminal Injury cases?

If you have enjoyed reading this blog, you are in luck! We have a number of detailed articles about UK law and current legal issues. For instance, if you are worried about Covid-19, please take a look at our safety at work and safety in retail pages. All of our blogs contain a lot of information that could be relevant to your case. If you have any questions about them then please feel free to let us know. We would also be happy to write about your own blog suggestions. Simply message info@gowinglaw.co.uk and we can get started.

We wish you the best of luck with your compensation case and look forward to hearing from you soon!

Fill out the form to start your claim today!