Making An Assault Claim For A Broken Jaw

In this guide, we will examine how you could make a broken jaw assault claim. If you have been injured as a result of a crime of violence, there are avenues that could potentially allow you to receive compensation for your pain and suffering. 

broken jaw assault claim

Broken jaw assault claim guide

The NHS describes the three most common signs of a broken bone as swelling, pain and deformity. If you have any symptoms of a broken bone, we recommend seeking immediate medical attention. Furthermore, if an act of assault caused this, you should report the incident to the police as soon as possible. 

The Crown Prosecution Service (CPS) explains that the term assault is often used to include battery, which occurs when a person uses a reckless or intentional application of unlawful force on another person. If battery occurs, the defendant could be charged with ‘assault by beating’. Different severity levels of assault include:   

  • Common assault 
  • Assault occasioning actual bodily harm (ABH)
  • Assault causing grievous bodily harm (GBH)

Criminal injury compensation can be awarded to victims of violent crime for physical and mental suffering as well as certain financial losses caused by the injury. Continue reading to find out how much compensation you could be eligible to receive in a criminal injury settlement. 

Additionally, speak to our team of advisors for free and confidential claims advice. They can offer insight into whether your claim meets the criteria it needs to in order to have a good chance at success. 

Contact us today by doing one of the following:

  • Call us on 0800 073 8805
  • Use our online form to make a claim
  • Write to us on the live chat feature at the bottom of your screen 

Choose A Section

  1. Making A Broken Jaw Assault Claim – A Guide
  2. Broken Jaw Assault Claim – Am I Eligible To Claim?
  3. How Much Could I Receive From A Criminal Injury Compensation Claim?
  4. What Evidence Do I Need In A CICA Claim?
  5. Why Use No Win No Fee Solicitors When Seeking Criminal Injury Compensation?
  6. Learn More About Making A CICA Claim

Making A Broken Jaw Assault Claim – A Guide

There are a few methods of making a broken jaw assault claim, including:

  • Making a claim through the Criminal Injuries Compensation Authority (CICA) – They offer to compensate victims of violent crime in Great Britain through a government-funded scheme. Once an application is made, they decide whether you are eligible to make a claim and determine the level of award you could receive.
  • Claim against the perpetrator directly – This will require you to know the identity of the person, and they must have the available funds to pay the compensation amount. 
  • Claim against a vicariously liable party – In some instances, an organisation could have owed you a duty of care and be partly to blame for your injuries. Therefore, you may be eligible to claim compensation from them. 

For more advice on applying for criminal injury compensation, continue reading our guide. Also, speak to one of our expert advisors, who are available 24/7 to answer your questions. 

Broken Jaw Assault Claim – Am I Eligible To Claim?

The CICA outline the eligibility criteria that must be met to make a criminal injury claim through their scheme. For example: 

  • The incident must have been reported to the police.
  • You must be within the relevant time limits, which we will explain in more detail later in this guide. 
  • The incident must have occurred in England, Scotland, Wales or another relevant place. 
  • You must be a direct victim of a crime of violence. The definition of a crime of violence can be found in the CICA Scheme.

Also, there are a few things that could affect your ability to make a claim through the CICA. For example, if you have been uncooperative with the police in their attempts to find the assailant or in the event that you have previous unspent criminal convictions, then this could result in your award being reduced or withheld. 

The eligibility criteria for making a broken jaw assault claim against the perpetrator directly or a vicariously liable party may differ from the information we have listed above; speak to one of our advisors to find out more.  

How Much Could I Receive From A Criminal Injury Compensation Claim?

The CICA tariff of injuries provides compensation amounts that could be awarded for different injuries caused by crimes of violence when you pursue a claim through their scheme. Therefore we have used this document to create the table below as a guide to compensation amounts for a broken jaw assault claim. 

[table id=34 /]

The CICA limit the number of injuries they compensate for to three. They will award:

  • 100% of the tariff amount for the injury with the highest tariff amount
  • 30% of the tariff amount for the second highest or equally valued injury.
  • 15% of the tariff amount for the injury with the third highest or equal value.

What Else Could I Receive When Making A Claim For Assault?

Additionally, you could be eligible to claim reimbursement for certain financial losses caused by your injuries under special expenses. Special expenses need to be reasonable and necessary costs relating directly to the crime of violence you’re claiming for. 

In order to claim any special expenses, the criminal injury must have caused a loss of earnings for more than 28 weeks. In this case, the CICA can only pay for a loss of earnings from the beginning of week 29. However, they will pay other special expenses from the actual injury date. 

A special expenses payout could include:

  • The cost of treatment by the NHS or from a healthcare provider where the cost matches that of getting the treatment from the NHS.   
  • Certain care costs, for example, those relating to your bodily functions or meal preparations. 
  • Any property or equipment you relied on as a physical aid that was damaged or lost in the violent incident, such as spectacles. 

The way in which compensation is calculated for claims made against the perpetrator directly or a vicariously liable party is different; please call an advisor to learn more. Additionally, you can use our criminal injuries compensation calculator for an estimation of the compensation you could be eligible to receive for a broken jaw assault claim. 

What Evidence Do I Need In A CICA Claim?

To make a broken jaw assault claim through the CICA, you will require: 

  • A police reference number showing the crime was reported to the police. 
  • Evidence that you meet the residency requirements.
  • The medical evidence of your injuries. The CICA may require you to carry out a medical exam.  

Also, it is important to consider how long you have to begin a claim through the CICA. Generally, as an adult, you have 2 years from the time the incident was reported to the police, and you are expected to do this immediately unless exceptional circumstances prevent you from doing so. However, it is recommended to start your application as soon as you possibly can. There is no requirement for any criminal proceeding to have concluded before you make a claim or for the person responsible to have been identified or even charged. 

If you can provide evidence that exceptional circumstances prevented the claim from being made sooner, then you may be able to make your claim outside of this limit. If you would like to learn more about the evidence required for a CICA claim or to get advice on whether you are within the time limit to start a claim, contact a member of our team. They can also answer questions such as “how long does a criminal injury claim take?”. 

Why Use No Win No Fee Solicitors When Seeking Criminal Injury Compensation?

When seeking criminal injury compensation for a broken jaw, it could prove beneficial to use a solicitor under a Conditional Fee Agreement (CFA), which is a type of No Win No Fee agreement. This agreement eliminates upfront costs for a solicitor’s services as well as any ongoing payments as the claim progresses. Furthermore, you will generally not pay for the services of a No Win No Fee solicitor if your claim is unsuccessful.

Alternatively, in the event of a successful broken jaw assault claim, a No Win No Fee agreement will mean a solicitor will take a small percentage of your compensation, called a ‘success fee’. The law caps the amount that they can take. Therefore, you will not be overcharged. 

Want Free Legal Advice? If So, Contact Us Today

Contact our team of advisors for an assessment of your broken jaw assault claim. If they find you may be eligible to receive compensation, they could connect you with one of our criminal injury solicitors. Also, they are available 24/7, so there are no restrictions on when you can get in touch.  

To speak to our team, please do one of the following:

  • Call us on 0800 073 8805
  • Use our online form to make a claim
  • Write to us on the live chat feature at the bottom of your screen 

Learn More About Making A CICA Claim

To learn more about making a CICA claim, take a look at the guides below:

Also, we will provide some external links for further reading:

Thank you for reading this guide to making a broken jaw assault claim.

Writer Jess Oisin

Publisher Fern Smithers