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Legal support following a one punch attack

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Navigating your way through any legal issue can be complicated and confusing.  To help you with any legal problem you may face and find out what options are available to you, One Punch UK have partnered with Brain Injury Group, a national network of specialist catastrophic injury lawyers, to provide legal help following a one punch attack.

If you, or someone you know, has been the innocent victim of a one punch attack, and suffered injury, or death, you may be able to claim compensation for your injuries and losses sustained as a direct result of the violent crime such as loss of earnings, or a bereavement payment, under the Government funded Criminal Injuries Compensation Scheme (‘CICA’); we explain more about how the scheme works and making a claim below.

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Criminal Injuries Compensation Scheme

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Claims under the Criminal Injuries Compensation Scheme are brought via the

Criminal Injuries Compensation Authority (‘CICA’).  Full details of the scheme can be

found on the Government website

https://www.gov.uk/claim-compensation-criminal-injury, but below we summarise

the key points.

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• Before you commence a claim with the CICA, the incident must be reported to the Police and it’s important to ensure that you co-operate as far as possible with any police investigation, or you could be excluded from bringing a claim.  Whilst the crime must be reported to the police, it is not necessary for the offender to have been caught or convicted, the CICA need only to be satisfied on the facts presented and on the balance of probability that the injuries or death occurred as the result of a violent crime.

• In most cases, there is a time limit of 2 years for commencing a claim.  However, there are exceptions to this including in the case of a child where the 2-year time limit commences on the date of their 18th birthday, and for those who lack capacity to bring a claim in their own right, when there is no time limit, unless capacity is regained in which case the 2 year time limit will then begin.

• Evidence must be presented of your injuries and losses.  This often includes an independent medical report being prepared which will detail injuries, the extent to which the injuries will heal and the expected timeframe for healing.  If any losses are sustained such as loss of earnings, or future costs may need to be incurred, for example adaptations to a property, rehabilitation or future care costs, then it is also necessary to evidence these.  If evidence is not provided, the CICA will not consider these amounts as part of your claim.

• Awards can be reduced or refused in a number of circumstances including if the victim is found to have provoked the attack, failed to co-operate with any police investigation or has certain previous convictions of their own.

 

Fatal claims

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If your loved one has sadly passed away as the result of a one punch attack, a claim for bereavement and/or dependency payments can be made by a qualifying relative.

A qualifying relative is defined as:

• the spouse or civil partner of the deceased, who was living with the deceased in the same household;

• the partner of the deceased (other than a spouse or civil partner), who was living with them in the same household and had done so for a continuous period of at least two years immediately before the date of the death;

• a person who would satisfy the above but who did not live with the deceased because of either person’s ill-health or infirmity;

• the spouse or civil partner, or a former spouse or civil partner, of the deceased who was financially dependent on them;

• a parent of the deceased, or;

• a child of the deceased.

 

Do I need a solicitor?

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Whilst the Scheme is designed so that an individual can bring a claim without the need for legal representation, it’s important to be aware of the requirements under the scheme and to ensure that the correct evidence is presented in order that your claim is not undervalued.

Unlike personal injury claims where a claim is made against a third party, the CICA do not award legal costs so should you choose to instruct a solicitor, a contingency fee agreement will usually be  put in place whereby an agreed percentage of any Award made by the CICA will be retained by your solicitor in payment of their legal fees. 

It’s worth remembering as well that if you commence a claim via the CICA by yourself, but then find that you need assistance with the process, you can choose to instruct a solicitor at any point during the process.  If you receive an offer of an award, but feel the amount being offered is too low, you can also talk to a solicitor at this point as they may be able to bring an appeal on your behalf – again though time limits apply to bringing an appeal so don’t delay in seeking advice when you feel you may need it.

About Brain Injury Group and how can they help?

Brain Injury Group is a network of solicitors and support services who assist those who have suffered a brain injury or can provide signposting to other organisations who may be able to assist.  Among the membership there are many lawyers who have the specialist knowledge needed to bring a successful claim via the CICA and to assist the injured person to access rehabilitation and other support to help rebuild their life.

A one punch attack can impact your life in many ways, including home and work life, and Brain Injury Group is also able to provide legal advice on employment issues, wills and probate as well as family matters, continuing healthcare funding and the Court of Protection.

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Other help available through the Brain Injury Group includes:

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Welfare Benefits

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Financial concerns are likely to arise and it’s important to ensure that you are claiming all the welfare benefits assistance that you are entitled to following your injury or the death of a loved one.  Brain Injury Group are able to connect you to a specialist welfare benefits adviser who will carry out a free welfare benefits check-up with you.

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Directory

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The BIG Directory is an invaluable resource to find goods and services which may be of interest to you following a one punch attack.

 

Our Partnership

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One Punch UK have partnered with Brain Injury Group to be their exclusive legal partner as they share our passion to help and support those who have been the victims of one punch attacks.  Through their support we have been able to furnish our drop in hub, increase the reach of our One Punch Awareness week held in September each year, and reach more places with our Punched Out Cold campaign which runs throughout December each year. 

Working together means we will be able to support more families and ensure that, when appropriate, we can connect them to solicitors who truly understand about one punch violence.

You can contact the Brain Injury Group on their free helpline 0800 612 9660, send an email to enquiries@braininjurygroup.co.uk, or visit their website to find out more about Brain Injury Group www.braininjurygroup.co.uk

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