Guidance On Making A Criminal Injury Compensation Claim
Learn how our expert No Win No Fee solicitors can help you make a criminal injury compensation claim.
£70 million in compensation
Guidance On Making A Criminal Injury Compensation Claim
Learn how our expert No Win No Fee solicitors can help you make a criminal injury compensation claim.
FAQs For A Criminal Injury Compensation Claim
If you have suffered an injury in a violent crime, you may have various questions about making a criminal injury compensation claim. We hope to answer as many of these questions within this detailed FAQ criminal injuries claims guide.
This FAQ focuses on how to claim compensation through the Criminal Injuries Compensation Authority (CICA). We explain how claims made through this government-funded agency work and how the CICA calculates compensation.
Furthermore, we explain why many people choose to claim while using the services of our expert No Win No Fee solicitors.
If you’ve suffered injuries as the victim of a violent crime and want to learn whether you can claim, continue reading through the guide. You can also learn more by speaking to our helpful advisors through our free 24/7 helpline. They can be reached by:
Calling on 0151 375 9916.
You can contact us online.
Or you can send a message using our live chat.
Can You Claim With The Criminal Injuries Compensation Authority (CICA)?
The CICA is an executive agency that is sponsored by the Ministry of Justice. It offers a compensation route for victims of crimes of violence in Great Britain. Examples of violent crimes include:
A physical attack, including such crimes as Actual Bodily Harm (ABH) or Grievous Bodily Harm (GBH).
Sexual assault.
Acts of omission, such as criminal neglect, that lead to physical injury.
Arson or fire-raising.
Their definition of a crime of violence is provided by the Criminal Injuries Compensation Scheme 2012 (the 2012 Scheme). The CICA uses a fixed tariff found in the 2012 Scheme to determine compensation payouts for various injuries. We review how CICA compensation works later in this guide.
Can You Claim Against The Person Who Committed The Crime?
In certain cases, it’s possible to claim compensation with the perpetrator as the defendant. Otherwise, you might be able to claim against a vicariously liable third party. This means a person or organisation who could have reasonably prevented the crime from occurring but failed to do so through negligence.
For example, if a school did not perform a DBS check on a new staff member that would have highlighted they had previous assault convictions and went on to assault a student, the school could be considered vicariously liable.
These options aren’t always available. There may not be a vicariously liable party, or the perpetrator might not be able to cover compensation. The CICA acts as a last resort for people who have no other way to claim.
Although the rest of this guide focuses on CICA cases, we’re able to help with any criminal injury claim. Please call today to learn more and get a free case evaluation from an advisor.
What Do You Need To Make A Criminal Injury Compensation Claim?
In order to start a criminal injury compensation claim through the CICA, you’ll need to establish that you are eligible to claim. The below are steps you will need to take for your application:
Confirm that the crime was committed in England, Scotland or Wales. You are also eligible if the crime occurred in a relevant place; for example, a ship registered in Britain.
Make sure you meet the CICA’s nationality and residency eligibility requirements.
Report the incident to the police. As well as making sure the crime is properly investigated, this will allow you to present a crime reference number to the CICA as proof that the police are aware of the incident.
Provide medical evidence. You could ask your GP for a copy of your medical records to show how you were injured and the extent of harm you suffered.
The CICA will liaise with the police to collect relevant information. They may also ask about your conduct during the incident and check if you have a criminal record, as these factors can impact on how much compensation they award, or whether they award any compensation at all.
Can You Make A CICA Claim Without A Police Crime Reference Number?
The CICA will not accept a claim if the crime has not been reported to the police. Therefore, the police crime reference number acts as proof of the fact that you’ve done so. The CICA will also need the reference number so they can contact the police about your case, if needed.
Every report will be assigned a reference number. If you weren’t initially given one or you lost yours, you can request it from your police contact.
We can give further advice on what you need for a CICA claim. To learn more, including how one of our expert solicitors could help you apply, please get in touch.
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How Long Do You Have To Make A CICA Claim?
Typically, you need to start your CICA application within two years of the crime occurring.
However, the CICA may choose to hear a claim where exceptional circumstances made applying for compensation within this time frame impossible. These are assessed on a case-by-case basis.
For those under the age of 18, the time limits are as follows:
If the incident was reported to the police before their 18th birthday, they will have two years to start their claim from their 18th birthday.
If the incident was not reported before their 18th birthday, they will have 2 years from the date that the report is made. They will also need to demonstrate how exceptional circumstances prevented them from making this report sooner.
Speak to an advisor today for a quick oversight of how long you have to submit your claim.
Does There Have To Be A Conviction To Claim Compensation?
Understandably, some people who consider making a criminal injury compensation claim are unsure if they can do so when the perpetrator hasn’t been convicted in criminal court.
It is important to note that neither an arrest nor a conviction is needed for you to be able to claim. While a criminal court requires guilt to be proved beyond reasonable doubt, the CICA makes its decisions based on the balance of probability.
Because of this, you may still be able to claim even in the event that a criminal court does not return a guilty verdict against the offender.
Even if the offender is expected to be convicted, you must not wait for it to happen. As the CICA does not require proof of conviction, waiting for it only increases the likelihood of you missing the time limit to start your claim.
Please call today and chat with an advisor if you have any questions about your ability to claim through the CICA.
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How Much Could You Receive From The CICA Compensation Tariff?
As we discussed previously, the CICA will come to a decision on whether you are entitled to criminal injury compensation. If you are, they can offer a payout that compensates for physical or mental suffering brought about because of a violent crime.
The CICA uses the tariff found in the 2012 Scheme to decide on an award. They take into account the extent of your injuries and their level of impact on your life.
While you can claim for up to three injuries, the payout for each injury is determined by the CICA’s multiple injuries formula. Under this formula, you get:
100% of the tariff value for the injury with the highest value in the 2012 Scheme.
30% for the second-highest-valued injury.
15% of the value for the injury valued third-highest.
If the crime leads to you contracting a sexually-transmitted infection (STI), you receive a payment that isn’t subject to the above formula. The same is true if you become pregnant or lose a foetus.
Compensation Table
Except for the top entry, this table consists of tariff figures from the 2012 Scheme for various injuries. The amounts are fixed and cannot be negotiated when you claim with the CICA.
INJURY | DESCRIPTION | TARIFF FIGURE |
---|---|---|
Multiple Injuries Plus Special Expenses | Compensation for three injuries, plus a payment for a loss of earnings, provision of special aids, and other expenses. | Up to £500,000 |
Paralysis | Substantially Complete Quadriplegia | £250,000 |
Brain Injury | Very Serious | £175,000 |
Arm | Paralysis or Loss of Function of One Dominant Arm | £44,000 |
Loss of Sight | One Eye – Sight in the Uninjured Eye Cannot Be Corrected to Better Than 6/36 | £33,000 |
Face | Severe Burns | £27,000 |
Hand | Permanently and Seriously Impaired Grip in Both Hands | £16,500 |
Heel | Fractured Heel Bone in Both Feet With Continuing Significant Disability | £13,500 |
Torso | Severe Burns | £11,000 |
Spleen | Loss of Spleen | £11,000 |
What Financial Losses Could You Claim For Through The CICA?
If you are injured during a crime, your suffering might be more than just physical or mental. In certain qualifying cases, the CICA can provide a payment for financial loss. These are known as special expenses. In order to receive them, however, they must have directly resulted from your injuries, be reasonable, necessary and not be available for free anywhere else.
The special expenses that you could claim for include:
Home adaptation fees.
The price of replacing property or equipment that you rely on as a physical aid and was damaged when you were hurt. For example, the offender may have smashed your glasses or broke your hearing aid.
Any equipment you need to cope with your injuries.
You may also be able to receive compensation for your lost earnings, but certain eligibility factors must be met.
Call today for further details on how CICA compensation is calculated. An advisor can also talk you through what you could claim for and how one of our specialist solicitors can help.
Why Use No Win No Fee Solicitors To Claim Criminal Injuries Compensation?
You don’t have to make a criminal injury compensation claim alone. Among the many reasons that people come to our specialist criminal injury claim solicitors are:
Having an expert on your side to guide you through the claims process.
Their ability to handle correspondence with the CICA and keep you updated.
The beneficial terms of the Conditional Fee Agreement (CFA) they offer.
A CFA is a type of No Win No Fee arrangement where the solicitor offers their work for no upfront fee. They also don’t charge for their services throughout the process. Furthermore, you don’t have to pay any solicitor service fees when the claim ends if you don’t receive compensation.
Winning claims entitles our solicitors to collect a percentage of the compensation awarded. This is known as their success fee. However, there is a legal cap in place due to the Conditional Fee Agreements Order 2013 that restricts the percentage that can be set aside for the solicitor.
Get A Free Consultation Today
If you’d like further information or have a question, you can get in touch with an advisor today. As part of our 24/7 service, we also offer a comprehensive review of your potential claim. We can identify whether you have a case and connect you to a No Win No Fee solicitor for expert guidance if you wish to pursue a compensation claim.
When you contact us, you don’t pay a penny, and there’s no obligation to start a claim. So choose either of these options to access free and helpful support:
Calling on 0151 375 9916.
You can contact us online.
Or you can send a message using our live chat.
Learn More About Making A Criminal Injury Compensation Claim
Here are some more criminal injury claim guides:
Claim for bodily scarring through the CICA.
CICA claims for broken bones and how a solicitor can help.
These resources may also prove useful:
GOV.UK – Claiming Statutory Sick Pay if you miss up to 28 weeks of work.
Guidance on coping with crime from the charity Victim Support.
NHS advice on when to call 999 for an emergency.
While this guide has addressed commonly asked questions about making a criminal injury compensation claim, we appreciate that you may still have more to ask. Just call us today if you’d like to discuss anything we’ve covered here or how to claim compensation.
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