By Fern Easton. Last Updated 3rd March 2021. Welcome to our guide looking at the criminal injuries compensation maximum payout. If you’ve suffered injuries following a violent crime against you, did you realise that there’s a scheme that could compensate you? The Criminal Injuries Compensation Authority (CICA) is a government scheme which was set up to compensate crime victims who’ve suffered physical or psychological injuries in crimes such as assault, sexual assault, robbery, and some historical crimes. As the scheme is funded by the government, it’s understandable that compensation amounts are lower than personal injury claims. In this guide, we’re going to look at what the criminal injuries compensation maximum payout is. We’ll also look at what crimes could entitle you to claim, how much compensation you could receive and how to hire a criminal injury solicitor on a No Win No Fee basis.
Accident Claims UK has a team of advisors ready to help you begin a claim. They start by offering a no-obligation assessment of the case and free legal advice. If there’s a chance of success, they could introduce you to one of our specialist solicitors. To help make the process of claiming less stressful, any claim they take on is handled on a No Win No Fee basis.
To begin your claim straight away, please call us today on 0800 073 8801. Alternatively, to find out more about making a criminal injuries compensation claim, please continue reading.
Select A Section
- A Guide To Criminal Injuries Compensation Authority Maximum Payouts
- What Is The CICA?
- Payments Which The CICA Could Make
- Minimum And Maximum Criminal Injuries Compensation Authority Tariffs
- CICA Bereavement Tariffs
- Special Expenses Which The CICA Could Award
- Damages Awarded For The Loss Of Earnings
- Could The CICA Withhold Or Reduce My Settlement?
- Appealing A Criminal Injuries Compensation Authority Decision
- Applying For Compensation From The CICA
- Calculating Compensation For CICA Criminal Injury Claims
- No Win No Fee Criminal Injury Claims
- Begin A Criminal Injuries Case
- Criminal Injury Claim Resources
A Guide To Criminal Injuries Compensation Authority Maximum Payouts
If you suffer an injury in an accident caused by somebody else’s negligence, you can sometimes claim compensation through a personal injury claim. However, if you’re the victim of a violent crime, if the criminal doesn’t have the means to pay compensation, you might not be able to make a claim against them. That’s where the Criminal Injuries Compensation Authority could help you.
The CICA scheme is available to violent crime victims where the crime occurred in England, Wales or Scotland. It is able to pay compensation to cover physical injuries, sexual or physical abuse and disabling mental injuries.
The criteria for making a CICA claim are different from normal personal injury claims so we’ll review these as we progress through this guide. It’s important that you file your claim properly because once it’s been settled, you’re unable to ask for further compensation.
Our specialist solicitors have experience in making all sorts of criminal injury claim and know what to include to try and ensure you receive the maximum amount of compensation possible in your case. We’d advise having a specialist on your side to try and avoid missing out on compensation that could be needed to aid your recovery.
One key piece of advice we can offer is to start your claim as soon as possible. That’s because the time limit for claiming is generally 2-years from the date of the crime (although there are some exceptions). This is less than the normal personal injury claims time limit of 3-years. 2-years might seem like a long time but if you choose to work with one of our solicitors, they’ll need time to prepare your claim and carry out tasks such as gathering medical reports and evidence.
What Is The CICA?
The Criminal Injuries Compensation Authority is an executive agency that is sponsored by the UK government. Based in Glasgow, they deal with over 30,000 claims each year and payout more than £130 million to victims of violent crime.
The CICA consider applications based on the criteria defined in the government’s Criminal Injuries Compensation Scheme which defines when they can payout and how much.
CICA is an alternative to a civil claim or personal injury claim. While it’s OK to seek compensation from the criminal, if you do so, CICA will expect you to pay their compensation back.
The CICA can award compensation for mental or physical injuries sustained during violent crimes. While the rules state that a 2-year time limit applies, in cases involving extreme circumstances, the time limit could be extended. This could involve scenarios where your injuries left you unable to begin a claim. For cases of historical sex offences, the time limit will usually apply from when you reported the crime to the police.
Payments Which The CICA Could Make
Here is the full list of reasons why CICA might consider making a payment from the scheme:
- Physical or mental injuries sustained during a violent crime.
- Sexual or physical abuse.
- Lost earnings when your earning capacity is limited as a direct result of your injuries.
- Fatalities caused by violent crimes. This could include payments for loss of parental services and financial dependency, a bereavement payment and also payments to cover funeral expenses.
- Special expenses.
Each claim is assessed in accordance with the scheme’s eligibility criteria. If you’re unsure whether you’re eligible to make a claim, please continue reading or speak to a member of our team for free legal advice on your options.
Payments Made Through The Hardship Fund?
In some cases, the CICA may decide that your injuries are not serious enough to meet their compensation criteria. In these cases, you may be eligible to receive a payment from the hardship fund. This is generally only for very low paid workers who aren’t able to work temporarily due to a violent crime. Note: the hardship fund is only for residents of England and Wales.
Minimum And Maximum Criminal Injuries Compensation Authority Tariffs
According to CICA documentation, the criminal injuries compensation maximum payout amount is £250,000 based on the tariff of injuries. However, when all other aspects of the claim are considered, there is an upper limit of £500,000.
When you make a claim, it will be considered against the tariff of injuries which details a compensation amount for each injury. If the total amount of your claim is valued at less than £1,000, then no compensation will be awarded.
When you speak with a member of our team, your claim will be assessed on a no-obligation basis. If the advisor believes you have a chance of success, they’ll refer you to a specialist solicitor. After they’ve reviewed your claim, they should be able to estimate the maximum criminal injuries compensation you could be entitled to receive.
CICA Bereavement Tariffs
A qualifying relative may claim a bereavement award for cases involving fatal injuries. The amount payable is £11,000 in cases where a single claimant exists. In the case where multiple relatives make a successful claim, they’ll receive £5,500 each.
Special Expenses Which The CICA Could Award
Under the CICA scheme, there are a number of ‘special expenses’ that could be claimed to cover certain costs incurred as a result of your injuries.
Special expenses can only be considered if you can show that the product or service you’re claiming for couldn’t be paid for by other services such as the benefits system or the NHS. Also, the expense you’re claiming for must be necessary, caused as a direct result of your injury and reasonable.
Special expense claims could include:
- Personal Property Damage.
This can be for any item that you relied on as a physical aid (which you owned) which was damaged during the incident. For instance, you could claim for dentures, walking sticks or spectacles. You will need to provide receipts as evidence that you paid for these items.
- NHS Treatment.
You could also claim for any costs that arise as a direct result of NHS treatment.
- Special Equipment.
If your injuries mean that you need physical aids like adapted vehicles, kitchen implements or walking aids, then you could include the cost in your claim.
- Home Adaptations.
Adaptations to the inside or outside of your home which could improve your ability to get around or your independence could also be considered.
- Care Costs.
If you require support with bodily functions or preparation of meals, then you could claim back any associated costs.
As mentioned earlier, it’s important that you claim for everything you might be entitled to at the same time. Our solicitors could help make sure your claim is submitted properly to try and ensure you receive the correct amount of compensation for your injuries. Please call a member of our team for free advice on claiming.
Damages Awarded For The Loss Of Earnings
When you’re unable to work as a direct result of a criminal injury, you could be entitled to claim for a loss of earnings payment.
The injuries you sustained during the crime must result in a total inability to work or lead to a very limited ability to work. To be eligible to claim, you’ll need to show that:
- You were employed at the time of the incident; or
- There is a long history of work or a reason why you don’t have such a history, for the 3-years before the incident. For instance, you may have caring responsibilities, be in full-time education or unable to work due to your age; and
- The length of your loss was over 28 full weeks. Loss of earnings cannot be claimed for the first 28-weeks.
Could The CICA Withhold Or Reduce My Settlement?
When you claim through the CICA scheme, your settlement could be reduced or refused for a number of reasons. They include:
- If you haven’t reported the crime to police. Also, your claim could be withheld if you didn’t report the crime as soon as possible.
- When you haven’t co-operated fully with the police or criminal justice system. You are expected to have done as much as possible to try and help the police catch the person responsible for your injuries (although they don’t need to have been).
- If you haven’t co-operated with CICA fully. This means you need to respond to queries from the CICA as soon as possible, update them with any change of circumstances, inform them of anything that could affect the claim, you fail to attend a medical assessment, or you exaggerate your injuries.
- If your actions before the crime contributed to it occurring.
- When you have unspent criminal convictions. In general, this means that the more serious a crime you’ve convicted in the past, the more likely it is that your payment can be withdrawn or reduced.
Appealing A Criminal Injuries Compensation Authority Decision
The CICA consider all cases based on the scheme’s criteria. That means an assessor will consider your claim and the evidence you’ve supplied to determine whether you’re eligible to receive compensation and how much you might be entitled to.
In some cases, where you’re unhappy with the outcome, you might want to appeal the outcome of your claim; it can be sent back for re-assessment by a more senior member of the CICA team. You should bear in mind that the claim amount or the decision might not be changed.
Our advice is that you should consider letting one of our specialist personal injury solicitors help you prepare your case to try and ensure enough supporting evidence is submitted and that the application is filed correctly.
Applying For Compensation From The CICA
Ensuring that you file an application to the CICA scheme is important because if you forget something, you won’t be able to claim again after your initial case is settled. Therefore, we’d advise speaking with a member of our team for advice on your options.
As mentioned earlier, you should apply within the relevant time limit. For adult cases, this is generally a 2-year period. For cases involving children under-18, the CICA recommendation is to claim as soon as possible but they will consider them later on.
Calculating Compensation For CICA Criminal Injury Claims
Now that we’ve explained the maximum criminal injuries compensation amount that’s possible and the process for claiming, we’re going to concentrate on how much compensation you could receive. Because every claim is different, we’ve provided the table below which contains some potential criminal injuries compensation amounts rather than a personal injuries compensation calculator.
|Ear||£11,000||The loss of one ear.|
|Jaw||£3,500||A dislocated jaw leading to a continued significant disability.|
|Face||£11,000||Multiple fractures to the face (Le Forte types 1 and 2)|
|Neck||£3,500||Whiplash injuries or a strained neck (non-permanent)|
|Arms||£82,000||The loss of one arm with no remaining hand or arm function.|
|Hand||£6,200||Fracture to both hands leading to continuing significant disability.|
|Legs||£4,600||A fractured femur resulting in continuing significant disability.|
|Feet||£13,500||Fractured tarsal bones, in both feet, causing significant disability.|
The figures in the table are taken from the CICA tariff of injuries. As the tariff is quite a large document, we’ve only included a selection of different injuries. Therefore, don’t worry if you can’t see an injury that matches your claim. We’ll be able to provide a personalised compensation estimate once your claim has been assessed.
As the amount of compensation is based on the severity of your injuries, our solicitors will arrange for a local medical assessment as part of the claims process. The specialist will review your injuries and ask several questions about how you’ve been affected. They’ll then produce a report to provide information on what injuries you sustained, what affect they had on you and if there will be any long-term suffering.
As well as claiming for your injuries, there are a number of special expenses that can be included in a CICA scheme related to additional costs you’ve incurred as a direct result of your injuries. We provided details on these special expenses earlier, but as a reminder, they could include lost earnings, medical costs, care costs and the cost of any home adaptations.
No Win No Fee Criminal Injury Claims
We know that making a criminal injuries compensation claim can be stressful, particularly when you begin to consider the costs involved. So that we can reduce that stress, while still providing access to justice, our solicitors provide a No Win No Fee service for all claims they take on.
When your case has been reviewed, if the solicitor believes they could make a successful claim, and you’re happy to proceed, you’ll be provided with a No Win No Fee agreement called a Conditional Fee Agreement (CFA).
The main benefits of funding your case with a CFA include:
- There is no fees payable upfront which means your case can begin right away.
- You won’t be asked to pay any solicitor’s fees during the claims process.
- If the claim fails, you won’t be asked to pay any solicitor’s fees.
If a claim is won by your personal injury lawyer, they’ll retain a small percentage of your compensation to help cover their costs. This is known as a success fee which will be listed in the CFA and capped by legislation.
Begin A Criminal Injuries Case
If you’ve read this guide about the Criminal Injuries Compensation Authority maximum payout and have now decided that you’d like to make a CICA claim, here’s how you can contact Accident Claims UK.
- Call an advisor for free CICA claims advice on 0800 073 8801.
- Email details of your claim to firstname.lastname@example.org.
- Request that a member of our team calls you back by submitting this form.
- Or use our live chat feature to discuss your claim with an online advisor.
We operate our claims line 24-hours a day, 7-days a week, to allow you to begin your claim when it suits you. An advisor will begin by reviewing your claim along with any supporting evidence. They’ll provide free legal advice and, where there’s a chance of success, will refer you to one of our specialist personal injury solicitors. Remember, any claim they agree to take on will be handled on a No Win No Fee basis.
Criminal Injuries Compensation – FAQs
Criminal injuries compensation- how long does it take?
There’s no one answer to how long it will take you to receive compensation through CICA. As each case needs to be investigated, complex cases will take longer to be finalised, and so it will take longer for you to receive your compensation.
Because the amount that you could be entitled to may depend on the long-term effects that your injuries have on you, it may not be possible for a CICA decision maker to value your claim and for you to receive a payout if you’re still receiving medical treatment, or if the full effects of your injury are not yet known.
However, if you’re wondering what CICA claim waiting time you may be able to expect, the Criminal Injuries Compensation Scheme Review 2020 revealed that, in 2018/19, CICA resolved 81% of over 35,000 claims within 12 months. 45% of cases were decided within six months of application.
My injuries occured over two years ago- can I still claim?
Although the CICA claims time limit is 2 years, you may still be able to submit a CICA application after this period has ended. In order to do so, you need to show that extenuating circumstances prevented you from making a claim earlier. You should also provide enough evidence that further extensive enquiries aren’t required in order for a decision to be made on your claim.
If you were under the age of 18 when you were the victim of the crime, and if nobody has claimed for you as a litigation friend when you were still a child, then you will have until your 20th birthday to make a claim.
Criminal Injury Claim Resources
This is the final section of our guide about the Criminal Injuries Compensation Authority maximum payout. To help you further, we’ve provided some links to additional guides as well as some helpful external resources. Please speak with an advisor if you require any further information.
NHS Broken Bones – Information from the NHS could help you determine if you’ve broken a bone.
Report A Crime – A guide that explains the different ways in which you could report a crime to the police.
Victim Support – A charity that aims to support the victims of crime and traumatic events.
Assault Compensation Claims – Guidance on how you could claim compensation following a criminal assault.
Claiming For Historical Abuse – Information on how you could be entitled to claim for historical sexual abuse outside of the CICA time limits.
Fatal Accident Claims – This guide provides information on claiming for wrongful death and fatal accidents.
Thank you for reading our guide on the criminal injuries compensation maximum payout.
Article by BH
Edited by MM.