Dear Brian,
I was injured, but not in an accident. Somebody picked an argument with me and then punched me hard. I gradually got over the initial injuries (including a neck injury) but then went on to develop Fibromyalgia.
- Do I have a claim?
- Who would it be against (the attacker has no money and is not insured)?
- How much is the claim worth?
James
Dear James,
As the victim of an assault, you can bring a claim to a government body called the Criminal Injuries Compensation Authority (CICA). They will compensate you if your claim was notified to them within 2 years of the assault. Your actions, conduct, and character will be taken into account and therefore if you have previous criminal convictions the compensation will be reduced. The fact that the attacker is not worth suing does not matter because the government is paying you.
The scheme is not very generous. There is no mention of Fibromyalgia in its tariff of injuries, but a permanent moderate disabling disorder attracts an award of £8,200. If it is seriously disabling and permanent, the award is £22,000. Your fibromyalgia would come into one of those two categories. Compare, this though, with the guideline amount of fibromyalgia arising from a normal accident. That is £22,350 to £42,000.
You should bear in mind that with a normal accident claim and a CICA claim additional sums will be paid for items like past and future loss of earnings, care supplied by others, necessary equipment and expenses. These can often far exceed the amounts paid for the actual injury and illness.
Brian Barr
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