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A Guide To Making A Criminal Injury Compensation Claim
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If you’ve been injured in a crime of violence, you may have suffered physically, mentally, and financially. While there may be proceedings against the perpetrator, you may also claim compensation for your criminal injuries. Therefore, this guide will focus on the process of making a criminal injury compensation claim.
We will focus on the eligibility criteria for criminal injury claims and how your compensation for such injuries may be calculated. You will also learn about the applicable time limit and the type of evidence that can be submitted.
We will end this guide by looking at how a No Win No Fee solicitor of ours could help you with making such a claim.
Contact us now for more information on criminal injury compensation:
Criminal injuries are the injuries which you suffer as a result of a criminal act. Therefore, criminal injury claims are made to claim compensation for the injuries sustained in a criminal act.
The Criminal Injuries Compensation Authority (CICA) is a government agency established to award compensation to victims who have been physically or mentally injured in a crime of violence in Great Britain. However, claiming through the CICA should be the last resort, and this option is not available if you haven’t explored the following avenues:
Claiming directly against the perpetrator, if you know their identity and they have the means to compensate you.
Making a claim against a vicariously liable party, usually an entity which had a duty of care towards you, such as your employer.
To know more about the working of the CICA, call us, and we will also discuss your criminal injury claim in great detail.
Can I Make A Claim For Criminal Injuries?
There are some specific eligibility requirements which need to be fulfilled when claiming through the CICA:
The crime occurred within Great Britain or another relevant place, such as a British-controlled aircraft or ship.
Can CICA Claims Be Made On Behalf Of A Loved One?
You can make a criminal injury compensation claim on behalf of your children by filling in their application form and submitting your details alongside proof of your relationship to one another. You can also ask a family member, friend or another trusted person to apply on your behalf. However, you will have to then submit confirmation that you authorise the person to receive instructions from the CICA regarding your claim.
Does The Incident Need To Be Reported To The Police?
The incident needs to be reported to the police; otherwise, the CICA will not process your criminal injury claim. While filling out the application, you will be asked to provide the police reference number. Therefore, reporting the incident is necessary before making a claim through the CICA.
Can Claims Be Made Against A Non-Convicted Person?
Yes, a criminal injury claim can be made even against a person who hasn’t been convicted. The CICA will assess your claim through a balance of probabilities and may use the police reference number to request further information from the police.
What If The Assailant Is Unknown?
A claim can be made even if the assailant is unknown, as long as the other criteria are fulfilled.
Want to know if you can claim with a criminal record or have any general questions regarding the eligibility of your case? You can contact our advisors.
The Average Compensation Amounts For Criminal Injuries
In successful claims, the CICA will decide your compensation amount based on the fixed tariff provided in the Scheme.
The amounts listed in the tariff depend on the following factors:
Number of assaults
Nature of assault
Severity of the injuries sustained.
We have compiled a table below summarising some of the criminal injury tariffs, except for the first row.
Injury
Notes
Compensation Guidelines
Multiple Serious Injuries and Special Expenses
There are physical and financial injuries, such as the need for a professional helper.
Up to £500,000
Major Paralysis Not Because of Brain Damage- Tetraplegia (Upper and Lower Extremities)
There are substantially incomplete injuries in the lower limbs but complete in the upper limbs.
£250,000
Major Paralysis Not Because of Brain Damage- Paraplegia (Lower Extremities)
This category is moderate paraplegia that is substantially incomplete.
£110,000
Brain Injury- Very Serious
The senses are significantly impacted and there is a lot of physical impact along with reduced life expectancy.
£175,000
Brain Injury- Moderately Severe
There is serious physical or mental disability and constant dependence on a professional.
£110,000
Leg Injury- Leg Lost Above the Knee
There is an amputation of the leg from below the knee.
£33,000
Pelvic Fracture
There is serious and ongoing disability.
£11,000
Facial Scarring- Serious Disfigurement
There is scarring on the face which is seriously disfiguring.
£11,000
Hand Injury- Permanent and Seriously Impairment of Grip
One hand has seriously impaired grip, which is permanent/
£6,200
Back Injury- One Fractured Vertebra
One of the vertebrae is fractured but there is recovery to a substantial extent.
How Are Criminal Injury Compensation Claims Calculated?
If you have suffered more than 1 injury, you may claim compensation for up to 3 injuries. Your payout in the criminal injury compensation claim will then be calculated using the multiple injuries formula:
Highest-valued injury – full amount
Second-highest – 30%.
Third-highest -15%
It is also possible to receive additional compensation if the criminal attack leads to:
Sexually-transmitted infection
Loss of foetus
Pregnancy
In addition to your physical injuries, you may be able to claim compensation for special expenses, such as:
Modifications to your home, such as a wheelchair ramp.
Physical aids for resulting disabilities, such as walking canes or wheelchairs.
Cost of physical aids damaged in the incident, such as spectacles or hearing aids.
Professional care to assist in preparing food or performing basic bodily functions.
You may also be able to claim for a loss of earnings after fulfilling certain requirements.
Police reference number, which you will have if you have reported the incident.
If the CICA needs further information while investigating your claim, they would be able to contact the police using the reference number.
Call us now for assistance in collecting evidence to ensure the maximum payout.
The Time Limits For Starting A Criminal Injury Claim
The time limit for starting a criminal injury claim is generally 2 years, which starts from the date of the crime. Exceptions can be made to this time limit, but the onus would be on you to prove the existence of exceptional circumstances which prevented you from claiming within the time limit. The CICA will also asses all of these exceptions on a case-by-case basis.
If you were below 18 years of age at the time of the incident, the time limits are as follows:
If you had reported the incident to the police, you would have up to 2 years from your 18th birthday, barring exceptional circumstances.
In the absence of a police report, you will have up to 2 years to claim from when you file this report. But you will have to demonstrate that you were unable to make the report prior to your 18th birthday due to existing circumstances. For example, this could include cases of historical abuse.
Contact our advisors now to find out how much time you have for your criminal injury claim.
Using A Specialist Criminal Injuries Solicitor
It isn’t mandatory to hire a specialist criminal injuries solicitor to claim compensation. However, dealing with the aftermath of a criminal incident would become easier if you seek expert guidance. Our solicitors can help you in your criminal injury compensation claim by:
Calculating your compensation amount.
Explaining complicated legal terms.
Gathering evidence.
Providing regular updates on the progress of your claim.
Our solicitors offer their services on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This means you will not need to pay for their work or services:
Upfront
During the progress of your claim.
If your claim is not a success.
Your criminal injury solicitor will charge only a certain percentage of your compensation (the success fee) if your claim succeeds. There is a legal limit on this percentage to ensure that you get to retain a maximum proportion of your payout.
Contact Accident Claims
Get in touch with our advisors today to see if you could work with one of our No Win No Fee solicitors for your claim. They could also help answer any questions you may have and offer you free advice regarding your case: