Foilsiú
51060 (12 September 2023)
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: 51060
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Award of €39,275
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ], the applicant a was the innocent victim of an unprovoked assault [ ] (‘the offender’) in [ ]. The offender had blamed the applicant for appearing as a witness for the State against him in a previous criminal case. The applicant, who had told the truth in court about a crime he witnesses and done the right thing, was subjected to continuous and repeated intimidation by the offender and his family after the court case. The applicant had to sell his house and move out of the area for his own safety and for the safety of his wife.
3. Fortunately, the applicant and his wife found a new home with great neighbours in another part of [ ].
4. The applicant sustained severe physical injuries including cuts above the eyes that required stitches. He also sustained extensive bruising and a fractured bone in his elbow. He lost a number of teeth in the assault and sustained other severe dental injuries which required extensive dental treatment to his front lower teeth and upper teeth.
5. The application was admitted to the Scheme and the applicant received an interim award of €22,648.62 from the Tribunal on the [ ]. This sum compensated the applicant for the cost of the original dental treatment required and the cost of renting accommodation because he had to move out of the area temporarily while he was trying to sell his house. The applicant was invited to submit further information in due course of any further treatment required.
6. The applicant submitted a dental report from Dr [ ], Dentist dated [ ]. This report outlines and describes the extensive further treatment both provided and required in the future by the applicant.
7. The applicant incurred €4,025 worth of additional dental treatment between [ ] and [ ]. The Tribunal has arrived at this sum by deducting the sum of €110 from the total treatment fees outlined in Dr [ ] Report (under ‘Treatment Required/Corrective Action’ because it is understood that the applicant’s VHI policy partly covered the forgoing amount of the costs of some of the surgical treatment to remove a odontogenic cyst. €58 has also been deducted as this relates to a routine fee in respect of dental cleaning.
8. Dr [ ] also provided a list of costings of the further treatment required to the applicant’s lower mandibular arch and upper maxillary arch. The total costs of the further treatment required are estimated by Dr [ ] to amount to €34,900.
9. The applicant also incurred a fee of €350 in respect of the costs of Dr [ ] report.
10. The total cost of all treatment to include the fee for the medical report amounts to €39,275.
11. The Tribunal has carefully considered the dental report and costing provided by Dr [ ]. The Tribunal is satisfied that the dental works outlined in the report are reasonably required and save the items highlighted at paragraph 7 above, finds that all of the works outlined are causally connected to the assault in some manner. The Tribunal awards the sum of €39,275 to the applicant.
12. Unless the applicant intends to exercise his right to appeal this decision, the award is the final award that can be awarded by the Tribunal and the Tribunal will therefore proceed to close its file.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
12 September 2023