Can I make a claim as an independent witness?

If you have witnessed a violent crime, then you may feel lucky to walk away physically unscathed. However, if you see the horror of a criminal assault or violent crime, it can have a lasting legacy which taints your peace of mind. It may also make it difficult for you to feel safe doing something as ordinary as leaving your home to go to work.

Claiming compensation for the psychological damage witnesses suffer is not easy, but with the help and support of the personal injury lawyers we work with at The Compensation Experts, it is possible.

What is a Witness Claim?

To claim compensation from the effects of being a witness, you must demonstrate that you have suffered psychological harm due you innocently being caught up in a criminal act such as an assault or armed robbery. You were in the wrong place at the wrong time, which means you saw something which affects your ability to live your life as you did before you witnessed the event.

Results of witnessing a shocking crime can include:

• • Anxiety and panic attacks

• • Depression

• • An inability to sleep or nightmares

• • Fear and phobias, like agoraphobia

• • Flashbacks

• • Hypervigilance and symptoms of OCD

What is a witness?

Before discussing how you could receive compensation for witnessing a crime or accident, let’s first answer the question ‘what does witness mean?’

In simple terms, a witness is any individual who heard or saw a crime or accident happen, who can then provide an accurate account of their experience. This may take place in a courtroom or at any point after the incident has occurred. An independent witness is a witness who specifically has no connection to anyone involved in the crime or accident they experienced. An example of this would be a bystander who happened to be present at the time of a car accident and saw the collision occur, making them a car accident witness.

Independent witness statements in particular can be hugely important in determining the cause of accidents as they’re normally more objective and unbiased in their retelling. While witnesses who had some involvement in the accident, for example, a passenger in a car where the driver sustained injuries, are still important, however, because they have had the trauma of involvement, their perspective will likely have a clear bias.

What does being a witness involve?

Often if you’re an independent witness, you’ll be asked to come forward and make what’s known as a witness statement. A witness statement is simply an as factual as possible verbal or written account of what the witness saw, including the lead-up and aftermath of the event.

In any claims case, a client’s solicitor will contact witnesses and ask for their version of the facts. They will draft this into a written statement for the witness to read and sign before they submit it with other evidence to support their potential claim, if they are the claimant, or to show there may be shared liability if they are the defendant. There are rare occasions when witnesses may have to give evidence in court, however, the vast majority of compensation claims settle before they reach this stage.

Making a Witness Compensation Claim 

Due to the nature of psychological trauma, building a successful case for witness compensation can often take longer than for a client with an obvious physical injury claim. We recommend you speak to your GP for appropriate care and referral if you believe you are suffering psychological damage. Keep a diary recording how you feel and the impact the trauma has on your daily life and then seek legal advice at the earliest opportunity.

If you’ve spoken to a solicitor and they believe you can make a successful claim, the process will then vary depending on whether you witnessed a crime or an accident. If you wish to claim witness compensation for a serious accident, such as being a car accident witness, then your solicitor will likely take it through a similar process to other injury claims in a bid to win compensation from the guilty party.

If, on the other hand, you witnessed a crime, your claim will likely be taken to the Criminal Injuries Compensation Authority (CICA).

Criminal Injuries Compensation Authority (CICA)

The Criminal Injuries Compensation Authority was established by the Ministry of Justice to handle compensation claims from people physically or mentally injured due to a violent crime. The CICA pays compensation. This is because, even if the police catch the perpetrator, they are highly unlikely to have access to sufficient funds to pay your compensation, and there is no liability insurance that covers criminal acts.

The minimum payment CICA consider is £1,000, rising to £500,000 for victims who have suffered serious and life-changing injuries that require ongoing nursing care. In 2015-16 CICA paid more than £150 million in compensation to victims of violent crime.

Just because you have witnessed a violent crime does not mean you are eligible to make a claim. You must prove that your life has been significantly altered from the mental trauma you have experienced. An assessor for the CICA will consider whether your mental state resulted from or was exacerbated by witnessing an event, and the nature of your relationship with the victim of the crime. For example, seeing your spouse or child be assaulted would be considered more traumatic than seeing a stranger hurt.

If you’ve been witness to a traumatic crime or accident and think you’re eligible to make a claim, get in touch with our experts today. We’ll listen attentively to what you have to say and then put you in contact with an experienced solicitor. Simply call or fill in our online enquiry form and one of our agents will respond at a time that suits you. Remember that we offer a no-win, no-fee agreement*, meaning you don’t have to pay a penny if your claim is unsuccessful.