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Hi Pick077,
Just to clarify, are you talking about the personal injury claim affecting any criminal proceedings? The two things are distinct from each other so can be dealt with separately.
It seems that maybe the solicitors have already investigated whether it is worth suing the individual personally, hence the CICA claim being suggested. There are certain criteria that the person making the claim also has to meet to make this sort of claim which the solicitors have probably discussed with you already. This type of claim is a civil claim and is distinct from any criminal proceedings in relation to the assault.
Any award made during criminal proceedings, would be dependant on the accused being convicted (so beyond all reasonable doubt) and their ability to pay any compensation to you if convicted. CICA claims in the civil courts are not dependant on a conviction and it would have to be shown that on the balance of probability, so more likely than not that the person assaulted you and caused the injury being claimed. It is a different level of proof and required and any damages will not be dependant on the Defendant's assets in this situation. In addition any damages for the injury itself (general damages) will be calculated on the basis of medical evidence. In addition any proposed treatment costs plus any losses incurred as a result of the injury would also be payable (special damages). CICA Claims can take a long time to settle so if you are in a position to get treatments etc carried out I would recommend doing so and retaining receipts in order to claim the cost as part of your special damages. As Des8 said you can only expect to receive the cost of recommended treatments, in the event your claim is successful, not necessarily for any Rolls Royce treatment you would like.
It is perfectly reasonable to have criminal proceedings and make a civil claim (the personal injury claim) in addition.
Apologies if I have flagged things unnecessarily, I just wanted to check we weren't all getting a bit confused with the types of cases that may be proceeding here.
Just to clarify, are you talking about the personal injury claim affecting any criminal proceedings? The two things are distinct from each other so can be dealt with separately.
It seems that maybe the solicitors have already investigated whether it is worth suing the individual personally, hence the CICA claim being suggested. There are certain criteria that the person making the claim also has to meet to make this sort of claim which the solicitors have probably discussed with you already. This type of claim is a civil claim and is distinct from any criminal proceedings in relation to the assault.
Any award made during criminal proceedings, would be dependant on the accused being convicted (so beyond all reasonable doubt) and their ability to pay any compensation to you if convicted. CICA claims in the civil courts are not dependant on a conviction and it would have to be shown that on the balance of probability, so more likely than not that the person assaulted you and caused the injury being claimed. It is a different level of proof and required and any damages will not be dependant on the Defendant's assets in this situation. In addition any damages for the injury itself (general damages) will be calculated on the basis of medical evidence. In addition any proposed treatment costs plus any losses incurred as a result of the injury would also be payable (special damages). CICA Claims can take a long time to settle so if you are in a position to get treatments etc carried out I would recommend doing so and retaining receipts in order to claim the cost as part of your special damages. As Des8 said you can only expect to receive the cost of recommended treatments, in the event your claim is successful, not necessarily for any Rolls Royce treatment you would like.
It is perfectly reasonable to have criminal proceedings and make a civil claim (the personal injury claim) in addition.
Apologies if I have flagged things unnecessarily, I just wanted to check we weren't all getting a bit confused with the types of cases that may be proceeding here.
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