Assault is part of the tort of trespass to the person, which also includes battery and false imprisonment.
There are various rules laid out when the courts decide whether or not it would be appropriate to impose liability, therefore in order to claim compensation fast the rules must be adhered to and applied the individual facts of the case.
Many people simply talk about incidents in which criminals attack or are attacked without paying much attention to the real experience and what one might have to go through if such a situation would befall them. A number of crime victims suffer in silence due to the lack of awareness on where or how to get any help in order to overcome the trauma and any other effects that the incident may cause.
In many cases, people may give you advice without actually pausing to think about the implications of whatever advice they give. There are many kinds of crimes that one may be subjected to and all of them are likely to leave the crime victims devastated and distraught in one way or another.
Every single crime committed has a victim, who has suffered in some way or the other. It could be physical, emotional, psychological or financial in nature but most crime victims go through a painful ordeal in order to come to terms with reality.
However, when the crime is of a violent nature, it can lead to some serious repercussions. Let us first understand what a crime victim goes through after he or she has been subjected to a gruesomely violent crime. These are the issues a crime victim tries to battle with:
New government plans give no financial relief to crime victims. Instead victims are given medical treatment, therapy or vouchers for treatment in lieu of money. Although seriously injured victims of crime will be receiving higher payments as the £500,000 single payout cap is replaced under the Criminal Injuries Compensation Scheme reform.
The new proposals will not retrospectively apply to the July 7 bomb attack victims or those Britons that are injured by terrorist attacks abroad. Crime victims help groups spoke out in criticism for the reform proposals stating that even minimal monetary aid is a key factor in recognizing how violent crime affects the victim and the community.
Although no specific precedent for these cases has been established in the courts to date, the Home Office may be liable to compensate victims of crimes that have been committed by repeat criminal offenders of foreign decent, who should have been deported and were not.
The reasoning behind these claims is that the negligence of the government to take proper action by deporting these individuals gave them the opportunity to commit new and in some cases more heinous crimes when released from jail. Average claims by individual victims could range in the tens of thousands of pounds and could potentially cost the Home Office hundreds of thousands in compensation payouts.
Robert Newbury, 45 of Somerset, NJ was sentenced to 30 months in federal prison and to serve two years of supervised release upon completion of his prison sentence as a result of his attempt to defraud the September 11th Victim Compensation Fund, U.S. Attorney Christopher Christie and U.S. Department of Justice Inspector General Glenn Fine announced today.
Newbury had claimed that he was injured and permanently disabled in the terrorist attack on the World Trade Centre on September 11, 2001.
Useful Links:
The Law Society
Criminal Injury
NHS Negligence
Criminal Injuries Compensation Authority
Criminal Injuries Claims
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