Foilsiú
54602 (3 January 2024)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The 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: 54602
Date of incident: [ ]
Date of application: [ ] (received by the Tribunal [ ])
Decision outcome: Award in the sum of €7,509.56.
1. Mr [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application form, the applicant stated that he had sustained injury on [ ] in the vicinity of [ ], as a result of being the victim of an assault. As a result of the assault, the applicant stated that he had suffered injuries to his face, nose, eyes, teeth and that he had sustained injuries to his spine. The applicant attended with his GP for treatment in the aftermath of the incident. He stated that his physical health and mobility had been greatly impaired as a result of the assault and that he needed the assistance of a driver to take him to and from medical appointments. The applicant also stated that he was unable to keep up the running of [ ] following the incident and that the business went into liquidation.
3. The applicant claimed for the cost of travelling to and from medical appointments, medical expenses and other expenses which were vouched on file. There was also a report on file from the applicant’s accountants dated [ ] which detailed the applicant’s [ ] salary and the operating profit for the company which owned the [ ] in question. These figures related to the years [ ] inclusive. There were no figures in respect of any asserted loss of income following the incident from the accountants or an actuary engaged on the applicant’s behalf.
4. A Report from An Garda Síochána, dated [ ], was on file. The Report set out the factual backdrop to the incident. In summary, the report confirmed that, on the date in question, there had been an altercation between the applicant and [ ] during which the applicant was struck twice to the face knocking him to the ground. The offender subsequently fled the scene. There was no suggestion other than that the applicant was the innocent victim of an unprovoked attack. The offender pleaded guilty at [ ] District Court on [ ] to an offence contrary to section 3 of the Non-Fatal Offences Against the Person Act 1997. The Probation Act was applied. The report confirmed that the offender paid the applicant €1,000 in compensation as a result of the criminal proceedings.
5. In relation to the sum paid to the applicant in compensation by the offender, should an award be made in this application, the Tribunal was mindful of paragraph 15 of the Scheme which provides as follows:
‘The Tribunal will deduct from the amount of an award under this Scheme any sums paid to or for the benefit of the victim or his dependants by way of compensation or damages from the offender or any person on the offender’s behalf following the injury.’
6. There was on file medical evidence setting out the nature and extent of the applicant’s injuries to his mouth and more generally and the subsequent treatment which the applicant received for them. In terms of his physical mobility, the position was that from an objective perspective, as a result of the assault, the applicant’s mobility had been reduced in terms of distance, comfort and safety.
7. Paragraph 21 of the Scheme states:
‘Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury.’
8. As can be seen, the application was required to have been made to the Tribunal by the applicant promptly and not less than three months from the date of the incident. A claim that is submitted outside the three-month time limit can only be admitted to the Scheme if the Tribunal considers that the circumstances which resulted in the late submission of the application justify exceptional treatment.
9. In this instance, the application form was submitted in accordance with paragraph 21 of the Scheme. Accordingly, the Tribunal admitted the application for consideration under the Scheme.
10. Having regard to the nature of the evidence contained on file the Tribunal was satisfied that the applicant sustained injury which was directly attributable to a crime of violence. On the face of the Garda report, the Tribunal was satisfied that the applicant was the innocent victim of an unprovoked attack.
11. There was vouched evidence in respect of the monies outlaid by the applicant in respect of medical expenses which the Tribunal awards. In addition, the Tribunal was persuaded, on the basis of the evidence presented, that the applicant had incurred expense in having a driver take him to and from medical appointments which he had detailed in writing. Finally, having regard to the medical evidence, the Tribunal awarded an addition sum to cover the cost of a further ten appointments with a Chartered Physiotherapist.
12. The Tribunal was not satisfied, on the basis of the evidence presented, that an award could be made for loss of earnings.
13. NA.
14. The Tribunal makes the following Award for vouched expenses:
[ ], Chartered Physiotherapist
(as per vouched invoices [ ] – [ ]) €1,435
[ ] Dental [ ] €950
[ ] [ ] €421.63
[ ] Chiropractors [ ] €150
[ ] [ ] €120
[ ] Neurology [ ] and [ ] €250
[ ] [ ], [ ] and [ ] €720
[ ] Surgeon [ ] and [ ] €190
[ ] [ ] €80
[ ] Acupuncture [ ] €60
[ ] Physical Therapist [ ] and [ ] €200
[ ] Consultant Neurosurgeon [ ] €250
[ ] Chartered Physiotherapist [ ] €50
Prof [ ] Consultant Physician [ ] €400
GP [ ] €40
[ ] Podiatry Clinic [ ] and [ ] €380
[ ] Physio [ ] €70
Prescriptions total €49.93
15. The Tribunal makes the following Award for vouched expenses:
Cost of drivers (unvouched) €1,200
Loss of court exemptions (unvouched) €943
Ten sessions of future physiotherapy @ €55 per session €550
16. TOTAL: €8,509.56
Minus €1,000 court compensation (para 15 of the Scheme) -€1,000
TOTAL AWARD: €7,509.56
Conor Heaney
Chairperson, Criminal Injuries Compensation Tribunal
3 January 2024