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choosing a competent solicitor
in criminal injury work If, sadly your criminal injuries
are such that you must apply for state compensation prepare yourself for
an infamous experience! It is very important that you make the right decision
once you have decided to apply for assessment for criminal injury compensation.
In finding the best legal service available, you should consider which
firms possess a high level of expertise and not just those that are local
to you - because much of the work will be done by correspondence anyway.
You must choose what is most important to you: expertise that is a hundred
miles from your home but will enable you to achieve your long-term goal
of securing the justice you deserve, or the convenience of a local firm
irrespective of their competence. |
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The relationship you have with your chosen solicitor will be one of the most important relationships you will have in your life subsequent to the tragedy. It will define the practical, emotional and legal consequences of your case and will impact upon both the financial outcome, by which you can progress in life with dignity and independence, and the gradual steps needed to achieve a sense of putting the tragedy behind you and confidently moving forward - the best way that you can.
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Undertaking criminal injury cases is not particularly attractive for solicitors as it involves a considerable amount of work dealing with an aloof and difficult agency (CICA) for little profit - especially since the introduction of the 1995 Criminal Injuries Compensation Act and it's tariff-based injury scoring system - a controversial Act.
The CICA's work involves deciding
whether applications for criminal compensation are eligible within their
rules as laid-out in law and, if the application is successful, how much
will be paid and how it will be paid. From what little data the CICA has
volunteered, over 60% of people applying for assessment for criminal compensation
are obliged to secure a solicitor simply to deal with the CICA. Many solicitors
and crime victims find dealing with the CICA and their process intolerable.
There is no provision for getting the free expert legal service automatically
offered to a violent criminal - applicants pay for legal representation
from their compensation award, or from some other private means, or trade
union. |
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The CICA have enormous power over traumatised crime victims and for serious injuries the process can take many years and cost thousands of pounds. They are a very insular service. Many believe the CICA scheme lacks satisfactory regulation and parliamentary scrutiny. It is perceived by those dealing CICA as a slow and dysfunctional administrative service that fails to function with the effectiveness or accountability of an average social security office. Regrettably, the government now actively supports the controversial, and rushed, cost-cutting 1995 Criminal Injuries Compensation Act and appears to have changed its position since being in opposition. By its existing remit it detracts from dignity for crime victims.
Extract: James Baldwin in Anglea Davis' 'If They Come For Me In The Morning' the home office and the
justice and victims unit changes for the better...
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