No. One thing that criminal injury solicitors struggle to get across to injured parties, is that they are perfectly entitled to compensation if their injuries are not permanent. Here we look at the issue of injury severity, and discuss an imaginary case to show you that both permanent and non-permanent injuries are entitled to criminal damage compensation.
Permanent injury
It is apparent to most people that they would be entitled to compensation if they are seriously and permanently injured by someone else. Say you are knocked over by a delivery vehicle on the forecourt of a shop, and lose consciousness. You hit your head as you fall, and the subsequent brain injury you suffer has devastating consequences. You develop epilepsy, and have severe headaches. You have to give up your job as a long-distance lorry driver, and find it hard to get another job. You are assessed for disability benefits as you become depressed and are physically and emotionally unable to work.
In this case, you can easily see that compensation is required. The company, who failed to deliver Health and Safety training to their driver, are criminally liable. Your loss of earnings, your pain and suffering and inability to work in the future will all be taken into account when a settlement is reached.
Temporary Injury
Let’s look at a different outcome. You are knocked over by the vehicle, suffer minor head injuries and are forced to take time off work. You develop headaches, which your doctor assures you will eventually go. You suffer considerable distress, as you were knocked unconscious, and felt pain and anxiety. As you wait to find out if the damage is permanent, your anxiety increases and your relationships with those you live with, suffer. After three months, your symptoms reduce and you are able to go back to work. Things return to normal.
In this instance, the physical symptoms have healed, but you have lost three months pay due to the injury. You have suffered pain and anxiety, and the accident has taken its toll on you and your family as you worried about paying your bills.
In this case, although your injury healed within three months, and was deemed relatively minor, you would still be entitled to compensation your loss of earnings, compensation for your head injury and to general damages for your pain and suffering.
This is a hypothetical case to show that both types of injury are worthy of compensation. Every case is different, and we treat every claimant as an individual. Just call our 24/7 Helpline on 0800 689 0500 or from your mobile on 0333 500 0993 to discuss your situation and start claim. We can arrange for you to speak to a criminal injury specialist. AAH have a great track record for getting compensation for our clients, and have seen £30 million awarded a year. We have been established for 13 years, so there is nothing in law we have not come across before.
If you are thinking of making a criminal injury compensation claim, just ring us to discuss your case.
