How To Claim Compensation For A Criminal Injury

In this guide, we explain when you could be eligible to claim compensation for a criminal injury. We set out the criteria you will be expected to meet in order to begin a claim and what the time restrictions are. We also highlight the evidence that may be requested when you pursue compensation.

Two people in a struggle with one man kneeing the other in the face

Additionally, our guide looks into examples of criminal injury claims. Briefly, we discuss some of the avenues through which you may be able to begin this kind of claim, before outlining in more detail how you could be compensated through an agency called the Criminal Injuries Compensation Authority (CICA). Moreover, we detail how the compensation for criminal injuries is calculated.

If you’re interested in working with a solicitor but are concerned about the costs that this could incur, then this guide could help. Accident Claims’ solicitors generally offer their services under a No Win No Fee agreement; we’ll explain the benefits of this further in the guide. 

If you would like to know more about the criminal injury claims process, please keep reading our guide. Alternatively, you can reach out directly to an advisor from our team by using one of the options below:

  • Call us on 0800 073 8801
  • Use our online details form to contact us
  • Talk live with a team member through our chat feature

Select A Section

  1. How To Claim Compensation For A Criminal Injury
  2. Examples Of Criminal Injury Claims
  3. Evidence Supporting A Criminal Injury Claim
  4. How To Calculate Compensation For Criminal Injury
  5. Claim Compensation For A Criminal Injury With Our No Win No Fee Solicitors
  6. Find Out More About Claiming Compensation For Criminal Injuries

How To Claim Compensation For A Criminal Injury

Broadly, there are three avenues through which you may be eligible to claim compensation for a criminal injury:

  1. Firstly, you may be able to direct your claim against the perpetrator. To do so you must know their identity and they must have enough assets to pay you compensation.
  2. Secondly, you may be able to direct your claim against a vicariously liable organisation. This involves demonstrating that a third party such as a school or an employer breached the duty of care they owed you, resulting in you being criminally injured.
  3. Finally, if you are not eligible to use either of the first two options, you may be able to direct a claim through the CICA.

The CICA are a government-sponsored organisation that administers a compensation scheme for victims of criminal injuries in England, Wales, and Scotland. To make a criminal injury claim through the CICA, you must meet their eligibility requirements. These are:

  • Having sustained your injuries as the result of a crime of violence, which the CICA define as including violent acts, physical attacks and sexual assaults.
  • Reporting the incident to the police.
  • Beginning your claim within the CICA time limit.
  • Showing the incident occurred in England, Wales, Scotland, or another relevant place as defined by the CICA.

If you would like to discuss your eligibility in further detail, please contact our team. If you do have a valid claim, they could connect you with a lawyer.

Time Limits To Claim Compensation For A Criminal Injury

You may wonder how long you have to claim for a criminal injury. It’s important to note that this information is only applicable to claims made through the CICA. 

When claiming through the CICA, the general time limit is two years from the date you reported the incident to the police in which to start proceedings. It is important to note that this report must be made as soon as possible, which is generally expected to be right after the incident occurs. However, extenuating circumstances may mean this could not be done immediately after the incident; if this is the case, then your claim could still be considered outside of this limitation period.

If you have questions such as ‘how long does a criminal injury claim take?’ contact our advisors. They can tell you more about the process of claiming through the CICA and provide information about the merits of your potential claim.

Examples Of Criminal Injury Claims

There are numerous injuries which could be classified as criminal injuries. The CICA’s definition of a crime of violence accounts for injuries resulting from:

  • Assault: A physical attack, such as an assault at work or an incident of domestic violence, could cause injuries like damage to your teeth or broken bones.
  • Sexual Offences. This could include sexual abuse and rape. 
  • Arson: An incident involving arson could lead to burn injuries.

For more information on the process of making a criminal injury claim, please contact us. 

Evidence Supporting A Criminal Injury Claim

As part of a claim for compensation for a criminal injury, the CICA will ask for certain forms of evidence. For instance, you will need to provide:

  • Your police reference number to demonstrate that the incident was reported and so the CICA can liaise with the police.
  • Proof that you meet the CICA’s residency requirements.
  • Medical evidence.
  • Financial evidence to demonstrate any special expenses that you’ve incurred and are looking to claim back.

The CICA might also liaise with the police to confirm other factors. For instance, they might confirm that you are cooperating with their investigations as a failure to do so could mean that your award is reduced or withheld altogether.

If you have further questions about the evidence you need to provide to the CICA, contact our advisors.

How To Calculate Compensation For Criminal Injury

If you are wondering what compensation you could claim for criminal injuries, you may want to know how awards are calculated. CICA payouts are calculated using the injury tariffs contained within the Criminal Injuries Compensation Scheme 2012.

You can claim for up to three injuries on the main tariff, but the multiple injuries formula will apply. This is as follows:

  • 100% of the compensation amount for the highest-valued tariff entry.
  • 30% of the amount for the second-highest or equally valued entry.
  • 15% of the amount for the third-highest or equally valued entry.

Please use the following table for an idea of how much compensation you could receive for criminal injuries. However, please keep in mind that a successful claim could also include an award for special expenses and lost earnings. Furthermore, this table doesn’t take into account the multiple injury formula outlined above.

 Criminal Injuries Compensation Scheme 2012 Tariffs

Edit
Injury Severity Further Information Tariff Value
Brain Damage Moderately Severe Physical or mental facilities are seriously disabled. Marked impairment of personality and intellect. £110,000
Face Multiple Fractures Multiple fractures to the facial area; for example, Le Fort fractures types II or III. £11,000
Face Fractured Jawbone This injury required an operation and causes significant ongoing disability. £6,200
Sexual Assault Severe Repeated, severe abuse over 3 or more years. £8,200
Shoulder Dislocated Shoulders Affects both shoulders and leads to significant ongoing disability. £6,200
Physical Abuse of Adults Severe Abuse Pattern of repetitive violence causing minor disfigurement. £5,500
Scarring Serious Scarring to the neck causing serious disfigurement. £4,600
Skull Depressed Fracture This injury requires an operation. £4,600
Teeth Loss of Teeth Injury that causes the loss of four or more front teeth. £3,500
Eye Fracture Blow out or another fracture of the orbital bone cavity containing the eyeball. This requires no operation. £1,500

Certain injuries are found on a separate tariff that is not subject to the multiple injuries formula described above. For instance, if you become pregnant or contract a sexually transmitted infection as a result of a crime of violence, then this might not be subject to the formula above.

Could I Claim For Special Expenses?

In addition to receiving a payment for the injuries you experienced, you could receive a payout for special expenses that you have incurred. This is the case provided they’re reasonable, necessary and incurred as a direct result of a crime of violence.

For instance, these expenses could include:

  • Physical aids that you relied upon and which were damaged in the incident
  • The cost of medical treatment
  • Specialised equipment or home adaptations that you need after the incident

You may also be eligible to claim back a loss of earnings if you were unable to work because of your injuries. To learn more and request a more accurate assessment of the compensation you could receive, please speak with an advisor from our team. 

Claim Compensation For A Criminal Injury With Our No Win No Fee Solicitors

When seeking criminal injury compensation, you could benefit from working with a No Win No Fee solicitor. Our solicitors can offer a form of this kind of agreement called a Conditional Fee Agreement (CFA).

This means you wouldn’t have to provide payment for your solicitor’s services if the claim fails. Similarly, you would not have to pay their service fees while the claim is still ongoing.

On the other hand, if your claim is successful, your solicitor will deduct a success fee from the compensation you are awarded. This success fee will usually be decided between yourself and your solicitor before the arrangement is put in place, but the Conditional Fee Agreements Order 2013 restricts the percentage they can legally take.

Contact Us

To learn more about criminal injury claims, please speak to our advisors. They can provide you with a free consultation to discuss your eligibility to begin a claim and the steps involved in claiming through the CICA. They may also be able to put you in touch with one of our solicitors if you’d like to continue with your claim.

For more information, you can:

  • Call us on 0800 073 8801
  • Use our online details form to contact us
  • Talk live with a team member through our chat feature

Find Out More About Claiming Compensation For Criminal Injuries

More of our guides that relate to this topic: 

Further sources of information: 

Thank you for reading our guide on when you could claim compensation for a criminal injury.  If you have further questions, please don’t hesitate to contact our team.

Guide by EM

Edited by MF/FS