What Is The Criminal Injuries Compensation Scheme And How Do I Claim Compensation?

If you are wondering, ‘What is the Criminal Injuries Compensation Scheme, and how do I claim compensation?’, this guide could help. If you have suffered an injury from a violent crime in England, Scotland or Wales, you could potentially make a claim through the Criminal Injuries Compensation Authority (CICA). The CICA is an executive agency that the Ministry of Justice sponsors. They deal with compensation claims from those who have been injured physically or mentally as a victim of a violent crime in the countries mentioned above. Additionally, they administer the Criminal Injuries Compensation Scheme 2012, which is government funded and designed to compensate victims of violent crimes in relevant countries. They also decide who is eligible and assess how much compensation should be awarded.

Gavel next to a set of handcuffs representing criminal justice

Throughout this guide, we will explore the eligibility criteria that need to be met in order to make a criminal injury claim through the CICA. Also, we will discuss how long you have to claim, the evidence you may need to provide, as well as how much compensation you could receive for criminal injuries per the tariff outlined in the Scheme.

Finally, this guide contains a section on the advantages of potentially starting your criminal injury claim with one of our solicitors under a specific type of No Win No Fee Agreement. It will also advise on the services they could offer and how they could help you seek compensation.

You can contact our team if you would like more information on making a claim through the CICA. To get in touch, you can:

  • Speak to an advisor on 0800 073 8801
  • Use our online ‘contact us’ form
  • Use our live chat feature at the bottom of the screen

Select A Section

  1. What Is The Criminal Injuries Compensation Scheme And How Do I Claim Compensation?
  2. How Long Do You Have To Apply To The Criminal Injuries Compensation Scheme?
  3. What Evidence Does The CICA Need?
  4. How Much Compensation Do You Get For Criminal Injuries?
  5. Why Use A No Win No Fee Criminal Injuries Solicitor?
  6. What Is The Criminal Injuries Compensation Scheme? – Read More

What Is The Criminal Injuries Compensation Scheme And How Do I Claim Compensation?

As mentioned earlier, the Criminal Injuries Compensation Scheme 2012 is administered by the CICA and was set up with the aim of compensating victims of violent crime in Great Britain (England, Scotland and Wales). It’s also important to note, that the Scheme is intended as a last resort, and if there is another avenue you could take to pursue compensation, you should do so.

Whilst it is not necessary for the assailant to be identified or convicted, for you to be eligible to claim through the CICA, there are other criteria that do need to be met. As such, in order to make a criminal injury claim through CICA, you need to show, for example:

  1. You were the victim of a violent crime. As per the Scheme, a crime of violence can involve, for example, a physical attack, a threat that causes the person to fear immediate violence, or another act or omission of a violent nature that results in the person sustaining a physical injury. 
  2. The crime happened in Great Britain, or another relevant place. Another relevant place could be a ship registered in Great Britain.
  3. The crime has been reported to the police.
  4. You are within the time limit to make a claim.

You can find more on how long you have to claim through the CICA in the following section. Alternatively, if you would like to discuss the question, ‘what is the Criminal Injuries Compensation Scheme?’, please call an advisor. They can offer further guidance on how the Scheme works and advise whether you’re eligible to claim compensation through the CICA.

How Long Do You Have To Apply To The Criminal Injuries Compensation Scheme?

There is generally a two-year time limit for making a claim through CICA. This usually runs from the date you reported the incident to the police. Unless there are exceptional circumstances that prevented you from doing so, you’re expected to make that report straight away. There are also exceptions that could be made to the general two year time limit in which you have to begin your claim. However, you need to show that exceptional circumstances prevented you from doing so. 

If the person was under 18 at the time of the incident and it was reported to the police but no claim was made, the two-year limit is counted from their 18th birthday. If the incident was not reported to the police, they have two years from the date of reporting. An adult who has parental responsibility for a child can make a claim on the child’s behalf. Details and proof of the relationship to the child will need to be provided.

For further guidance on the time limits for criminal injury claims made through the CICA, please contact an advisor on the number above.

What Evidence Does The CICA Need?

When making a claim through CICA, you will need to provide evidence. Some examples can include:

  • Your police reference number from when you reported the crime.
  • Evidence of any financial losses.
  • Proof of your residency.
  • Medical evidence to show you suffered an injury that the Scheme can compensate for. If there is a cost attached to accessing this evidence, and you are unable to meet this cost, help can be provided. 

The CICA can also liaise with the police for information relating to the crime.

If you are unsure what evidence to collect, or how to obtain it, you may benefit from seeking legal representation. Our solicitors have experience handling criminal injury claims made through the CICA, and can guide you through the different stages of the process involved. To find out whether they could assist you in seeking criminal injury compensation, call our team on the number above.

How Much Compensation Do You Get For Criminal Injuries?

Whilst we have provided an answer to the question ‘what is the Criminal Injuries Compensation Scheme?’, it’s important to understand the role the Scheme plays in calculating compensation. The Scheme 2012 sets out a tariff which contains compensation amounts for various injuries that could be sustained from a violent crime. Some examples of CICA payouts are listed in the table below. These amounts are fixed.

The multiple injuries formula may apply if you suffer more than one injury as a result of a violent crime. This means you receive 100% of the tariff for the highest valued injury, 30% for the second highest valued injury or injury valued at an equal amount, and 15% for the third highest valued injury or injury valued at an equal amount.

The Scheme does not allow for more than three injuries to be compensated. However, if you became pregnant, contracted a sexually transmitted infection, or lost a foetus, as a result of your injury or assault, you could be awarded an additional tariff payment.

Compensation Table

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Injury Type Description Amount
Arm Total loss of function in one arm, with no remaining arm or hand that has any useful function. £82,000
Arm Paralysis or loss of function in one dominant arm. £44,000
Kidney Serious and permanent damage to, or loss of, both kidneys or the only functioning kidney. £55,000
Mental Injury Seriously disabling permanent mental injury that a professional has diagnosed. £27,000
Mental Injury Disabling injury that has been confirmed by diagnosis or prognosis by a professional, lasting 5 years or more but not permanent. £13,500
Head and Neck Severe burns to the face. £27,000
Head and Neck Burns to the head of moderate severity causing more than minor disfigurement. £2,400
Pancreas Loss of pancreas. £16,500
Face Multiple facial fractures. £11,000
Face Fractured jaw bone not requiring surgery with substantial recovery. £1,500

Please note, although the value of the injuries is fixed, the amount can be reduced in some circumstances. For example, your character will be taken into consideration, including your criminal record and any unspent convictions, as will your level of cooperation to assist the CICA or other body in connection with your claim. In instances such as these, your award could be reduced accordingly.

Special Expenses

As part of your compensation award, you may receive payment for any costs incurred from your injuries. These are called special expenses. Some examples of the costs that could be reimbursed include:

  • Repairs or replacements of any personal aid equipment, such as glasses, a walking stick or a hearing aid, that was damaged when you were attacked. 
  • Home adaptations such as an access ramp or a stairlift.
  • Care costs relating to your bodily function or food preparation if this presents a substantial danger to yourself or others.
  • Admin costs related to managing your affairs if your mental capacity has been affected.

In order to receive payment for costs under special expenses, you will need to provide documentation, such as receipts or invoices, showing these costs. Additionally, they must be necessary, reasonable and directly resulting from your injury. You cannot receive payments under special expenses if the expense you are claiming for is available for free elsewhere.

There are other requirements that need to be met in order for you to be eligible for a special expenses payment. For further guidance on these, please call an advisor.

Loss of Earnings

You could claim back any loss of earnings if you were unable to work because of your criminal injury. However, to be eligible to receive payment for this loss, there are certain requirements that need to be met, including:

  • Your injury must be serious enough to make you completely unable to undertake any form of paid work, or have caused you to have a very limited capacity to do so.
  • Your loss lasted longer than 28 full weeks. This usually runs from the injury date, and a payment for loss of earnings will be paid from the 29th week onwards.

For further guidance on loss of earnings payments, special expenses payments and how much your criminal injury payout could potentially be worth, please call an advisor. 

Why Use A No Win No Fee Criminal Injuries Solicitor?

Provided you meet the eligibility criteria for starting a criminal injury claim, our team of advisors could connect you with one of our solicitors. They could offer you a type of No Win No Fee contract known as a Conditional Fee Agreement (CFA). Under these terms, in most cases, you would not have to pay any upfront fees for the solicitor’s services, nor any fees as your claim progresses. You will also not have to pay the solicitor for the work they have done on your claim if the it fails.

Upon the success of your claim, you will be awarded a compensation settlement. A percentage of this amount will be deducted as payment for the solicitor’s services, known as a success fee. The success fee percentage is capped by law, meaning you keep the majority of your settlement.

You can reach out to our team if you would like more information on how to make a claim through CICA. To get in touch, you can:

  • Speak to an advisor on 0800 073 8801
  • Use our online ‘contact us’ form
  • Use our live chat feature at the bottom of the screen

What Is The Criminal Injuries Compensation Scheme? – Read More

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Thank you for reading our guide answering the question ‘What is the criminal injuries compensation scheme?’. You can reach our team of advisors using the contact information above. They can answer any queries you have about potentially starting a claim. They can also provide more information on what the Scheme is and who is eligible to claim.

Guide by HC

Edited by MMI