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How much is your injury worth?
Francesca Quintyne: Parents to appeal |
More than three years ago Lisa Potts put her life on the line for the sake of others, but still she waits to be fully compensated.
The young nursery nurse from Wolverhampton was struck six times as a machete-wielding attacker turned a teddy bears picnic into a bloodbath.
Miss Potts's hand was almost severed and her arms and back were badly cut.
Yet to date she has received only £8,000 as an interim payment from the Criminal Injuries Compensation Authority. She is still waiting for the full sum.
Lisa Potts: Still waiting for her full pay-out |
Since it was set up in 1964, the government-run compensation scheme has always been controversial, although any attempt to equate physical and psychological harm with a cash sum make this perhaps inevitable.
Last year, there was outrage when it emerged Josie Russell, who was bludgeoned in an attack which killed her mother and sister, received the minimum award for her injuries - £18,500.
Since 1996 awards have been made under a rigid tariff system and range from £1,000 to £250,000 for basic physical and psychological damage.
Victims are also eligible for further "special care costs" up to £250,000. These are discretionary and account for loss of earnings and medical costs which are a result of the injury.
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The price of pain |
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Chipped tooth: £1,000 |
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Fractured big toe: £2,500 |
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Loss of testicle: £5,000 |
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Severe upper limb burns: £10,000 |
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Total deafness, both ears: £40,000 |
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Loss of both legs: £100,000 |
The tariff sets out about 330 descriptions of injury and matches these to a "standard" sum. For example, a fractured rib is £1,000; a severe burns to the torso would net £10,000 and injuries which caused loss of fertility £50,000.
Despite the delay in the Potts case, CICA says the "flat fee" system has speeded up the claims process.
However, its inflexibility and upper limit means awards can never match those paid out in negligence cases, such as medical negligence, where there is no ceiling.
Josie Russell: Received minimum payout |
The victim's culpability is also taken into account. Someone who suffered a broken wrist after starting a fight would probably not be rewarded.
The low profile of the authority is one of its most controversial aspects. Many attack victims miss out on payments because they don't know the scheme exists.
A spokesman for the authority says police and victim support are expected to pass on the word.
But the spokesman also admitted that only a quarter of those eligible to claim actually do. Howard Webber, who is in charge of the scheme, has pledged to raise its profile.
'Astonished'
One claimant, who needed eight stitches above his left eye after being punched on a London Tube train, told BBC News Online he had to seek it out himself.
Colin, who asked not to be fully identified, eventually received £1,500, but was told nothing by the police or Victim Support about the scheme.
"I got a letter from Victim Support which didn't mention it. Maybe they would have if I'd taken up counselling but how many people do that?
"Making the claim is actually quite straightforward - like an insurance claim."
"I was astonished when I saw the amount. I thought I'd maybe get a couple of hundred pounds."
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