The CICA as a government related body are strict on the cases they payout for. The BBC have reported of a rather unique case where the judge has awarded favour to the toddler who was attacked by another three year old boy whilst alone in a car (source).
Jay Jones was hit 11 times with a car jack by another three year old boy whilst they were alone in a car, resulting in the boy requiring stitches from a gash on the head and a visit to the nearby hospital for treatment following the attack in 2007.
The CICA has refused twice to pay out any compensation by disputing whether a three year old boy could be found guilty of a crime of violence given his age. The age of criminal responsibility in English law is 10, however the solicitors acting for the claimant have argued that the age of the assailant is irrelevant when claiming for compensation from the CICA; and were successful on this point.
All applicants to the CICA have the right to go to court is they feel there case has not been investigated fairly with this case being a big example.
When claiming for compensation for a criminal injury / premeditated assault, the claimant can run their case through the CICA without representation; solicitors do not have to be involved. The reason for this is that law firms are not entitled to recover their costs from the CICA, and in order to be paid law firms usually regrettably charge the client a percentage of their damages to cover the fees.
Most law firms will not tell you that you can run the case without representation! They would rather not tell you this so they can take your case on and take the percentage fee! We at The Injury Lawyers are not “most firms”, and we want to be honest with you 🙂
However there are considerable benefits of instructing a solicitor; which has been highlighted in this case.
Independent expert personal injury solicitors such as ourselves can provide you with the expert legal representation required to run a more successful case through the CICA. In many instances we are able to fight disputes such as in the case above and maximise your compensation. So in many instances it is more beneficial to have a solicitor on your side.
But remember: the choice is YOURS! Make sure you get the advice and honesty you deserve!