Publication
55208 (5 January 2024)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
Name of applicant: [ ]
Application number: #55208
Date of incident: [ ]
Date of application: [ ] (received [ ])
Decision outcome: The Applicant is awarded the sum of €30,392.25 under the scheme.
1. Mr [ ] has made a claim for compensation under the scheme of compensation for personal injuries criminally inflicted (“the scheme”).
2. In his application for compensation under the scheme dated the [ ], the Applicant stated that he had suffered injuries in circumstances where he was standing outside the [ ] awaiting a friend whilst talking to a neighbour of his when two people who were unknown to him approached him and asked him for his food, offering to pay for it. One of the men started to look for money but couldn’t find any so he grabbed the food while the other man punched the Applicant in the face causing him serious personal injury.
3. The incident occurred on the [ ] and the application form was dated the [ ], which I note was received by the Tribunal on the [ ]. As such no issue arises in respect of paragraph 20 of the scheme regarding a late application.
4. It is accepted having considered the papers that the offence giving rise to the injury whilst it has not been the subject of criminal proceedings in circumstances where the assailants were unidentified, it has been reported without delay to An Garda Siochana and in this regard I note that the report received by way of email dated the [ ] from [ ], [ ] Garda sent on behalf of Inspector [ ], Acting Superintendent of the region which sets out the detail of the report of the incident and the occurrence of the facial injuries on the night.
5. From the foregoing I am satisfied that the Applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to the crime of violence. Accordingly I admit the application for consideration under the scheme.
6. The Applicant has submitted receipts and\or invoices for the following items: His attendance at A & E in the sum of €100; his purchase of Solpadeine on the [ ] at a cost of €12.25; his attendance at [ ] in or about the [ ] and the discharge of the bill arising thereon in the sum of €40; and the attendance of the Applicant at [ ] on the [ ], along with a subsequent discharge of the bill arising thereon by way of payment on the [ ] in the sum of €65. None of these amounts are in any way controversial and the Tribunal duly allows them.
7. By way of treatment plan estimate dated the [ ] and addressed to the Applicant by [ ] a treatment plan put together by Dr [ ] identifies the necessity for the extraction and replacement of 10 teeth in all. The substantial care required will result in 23 different appointments being required by the Applicant at a total cost of €30,175.
8. By way of letter dated the [ ] marked for the attention of the Applicant’s solicitor [ ] LMD PHD, Dental and Implant Surgeon wrote indicating, in respect of the Applicant, “following comprehensive assessment for implant replacement of the teeth irreversibly damaged as a result of the assault sustained on the [ ] I hereby state that in order to properly replace these teeth with dental implants – and considering the patient’s age and expected long term function of the oral tissues reconstructions - , it is paramount that the entirety of the oral condition is addressed, otherwise the planned replacement of the injured teeth would be impossible to reform as it would be counter-indicated, or would have an extremely high risk of failure if performed”.
9. Whilst the initial report of the assault does not give rise to a belief that 10 of the Applicant’s teeth would have to be replaced the letter from Dr [ ] establishes on the balance of probabilities, the necessity for the costs identified in the treatment plan estimate in the sum of €30,175.
10. Accordingly the Tribunal makes an award in the Applicant’s favour in the sum of €30,392.25.
Damian Sheridan B.L.
Criminal Injuries Compensation Tribunal
5 January 2024