Common Mistakes in a Criminal Injury Claim

Heather woke up one night to find a burglar in her home. In the scuffle that followed, Heather suffered two fractured ribs, but luckily, the burglar was apprehended before he could get away. Because of her injuries, Heather decided to file a criminal injury claim for compensation. It should have been an easy win for her. Instead, Heather lost her claim because she made a very basic mistake - she did not get the medical tests the Criminal Injuries Compensation Authorities (CICA) asked her to do.

In a criminal injury claim, it's easy to make mistakes. Here are some common mistakes that can prevent you from getting the compensation you deserve.

Not reporting the crime
When you are the victim of a crime, you have to file a complaint with the police. If you do not do so, there is no proof that the crime ever took place and you will not receive any compensation. The CICA may waive this step in injury claim cases where the victim is a minor, very old, physically or mentally challenged, or suffering serious injuries caused by the crime. Don't take chances though. File your complaint as soon as possible.

Hampering the police investigation
Filing your complaint is not enough. You also have to co-operate with the police when they ask for your help. Small things like not giving the police a statement or making false statements can reduce your chances of getting fair compensation.

Being part of the cause
Sometimes, a victim might have done something to cause the injury. For example, throwing the first punch in a fight, trying to catch the criminal yourself, etc. Defending yourself is not wrong but actively looking for violence is. If the criminal injury claim investigation reveals that you behaved inappropriately, CICA can lessen or even disqualify your claim on these grounds.

Refusing to follow standard procedure
In every criminal injury claim case, certain rules and regulations must be followed. If the authorities ask you to take a medical test to document your injuries, do it. If you are not sure of the rules and procedures, the best option is to hire a lawyer who specialises in criminal injury claim cases. He will ensure that you do not make any mistakes and lose out on your compensation.

When you file a criminal injury claim, you have to go by the book. And that means making sure you complete all the required formalities. Failure to comply with rules can jeopardise any chances you have of claiming compensation.

Diana Joseph has an in-depth knowledge in dealing with in injury claims. She has written numerous articles on injury claims issues, particularly those involving car accident and other topics of claims.