By Jo Anderson. Last Updated 19th October 2023. In this guide, we’ll address the question of ‘how long does a criminal injury claim take and how long does it take for criminal injury compensation to come through?’. If you have been injured by a criminal act, then you may be able to seek compensation through either a personal injury claim or a claim submitted to the Criminal Injuries Compensation Authority (CICA).
Within this guide, we’ll focus on the process of making a claim for criminal injuries compensation to the CICA. We’ll cover aspects such as the CICA tariff of injuries and how long does a compensation claim take.
The criminal injuries claims process is similar to that which is followed by a personal injury lawyer processing a personal injury claim. If you have read any of our other accident/injury guides, a lot of the information will relate to criminal injury claims as well. If you need any additional information once you have read this guide, you can call our claims team on 0800 073 8801. One of our advisors will be happy to assist you. You can also contact us online through our call back form or our 24/7 live chat service.
Select A Section:
- Understanding Criminal Compensation Claims
- Am I Eligible To Claim Through The CICA?
- Evidence For A Criminal Injury Claim
- Types Of Criminal Injury Claims Which You Could Make
- What Time Limits Are There For Criminal Injury Claims?
- How Long Could A Criminal Injury Claim Payout Take?
- Calculating Compensation For Criminal Injuries
- Criminal Compensation Claims With A No Win No Fee Solicitor
Before we answer questions such as ‘How long does an injury claim take?’ and ‘What is the CICA tariff of injuries?’, we should explain the different avenues you could take to seek crime compensation.
In some cases, you could make a criminal compensation claim directly against the perpetrator. Alternatively, you could make a claim against a vicariously liable third party, such as a school or employer. However, these routes may not be available to every victim of violent crime.
In these instances, you could be eligible to make a criminal compensation claim to the Criminal Injuries Compensation Authority (CICA). If you do so and your claim is accepted, you would be compensated in accordance with the CICA tariff of injuries laid out in the Criminal Injuries Compensation Scheme 2012.
If you would like to check if you’re eligible to claim, please call our team. Or, read on to find out more about the role of the CICA and the eligibility criteria for claiming.
To be eligible to make a criminal compensation claim through the CICA, you must meet the relevant eligibility criteria. This is:
- The incident must have been reported to the police.
- You must adhere to the relevant time limits. (We will discuss what these are in more depth later in this guide).
- You must have been injured in a crime of violence. Some examples that the CICA Scheme defines as a crime of violence include an attack, sexual assault and arson.
You may also be able to make a claim if you witnessed the immediate aftermath of an incident where your loved one was criminally injured or if you were bereaved as a result of a crime of violence (provided you are a qualifying relative).
If you are still unsure about how to claim for criminal injuries through the CICA or would like to check the validity of your case, you can contact our advisory team.
When making a criminal compensation claim via the CICA, you may be required to provide certain pieces of evidence. For example:
- Medical evidence that shows you suffered an injury that can be compensated via the CICA.
- Evidence that the crime has been reported to the police, such as a police reference number.
- Proof that you meet the residency requirements.
If you would like further advice on the evidence that could help you with your criminal injuries compensation claim, please contact an advisor.
Annex B of the Criminal Injuries Compensation Scheme 2012 outlines what a criminal injury is. In summary, a criminal injury could be:
- A physical assault or attack. GBH, for example.
- Any other act (including omission) that is violent in nature and results in a person being assaulted or injured.
- A direct threat that causes fear of violence which the victim is reasonably sure they should fear.
- A person who is sexually assaulted due to not giving consent to the act.
- Fires and arson.
If you have suffered a criminal injury, due to, for example, a criminal assault, you could have a valid basis for a compensation claim. To find out for sure whether you are eligible to claim, please speak to our claims team today.
If you’re wondering ‘how long does a criminal injury claim take?’, there are a few different time limits you may need to know.
The time limit for making a claim through the CICA is different from the general personal injury claims time limit in the UK. In general, the limit for making a claim via CICA is two years from the date the attack occurred. However, if the victim is under the age of 18, then the two-year time limit will start from their 18th birthday unless a parent or guardian acts as a litigation friend. In which case, the claim can be instigated before the child’s 18th birthday. Not knowing that CICA existed or there was a way to claim compensation for a criminal injury is not an acceptable excuse for not meeting this time limit, which is strictly adhered to.
In some cases, it is possible for this time limit to be extended. If you think you need an extension, and want to find out if you qualify, then speak to our claims team to find out.
In attempts to ultimately address the question of ‘how long does a criminal injury claim take?’, we’ll first look at ‘how long does victim compensation take to be awarded?’. CICA provides no guaranteed upper time limit for the duration of a claim. However, in general, a claim takes 12 to 18 months, depending on the complexity of the case.
Some claims take longer to resolve than others. For example, claims that are made for serious injuries, where the victim is still recovering, and the final prognosis for recovery is not yet known. In such cases, CICA might be prepared to make an interim payment. Certain kinds of claims could potentially be fast-tracked through the CICA. For example, claims that are made for sexual assault could be dealt with within 8 weeks of the CICA becoming aware of the case.
In this section, we look at how compensation could be awarded. If you suffered violent injuries from a criminal, your compensation claim may be made through the CICA, as previously discussed.
If you have suffered more than one injury, this will be subject to the multiple injuries formula. This is as follows:
- 100% of the tariff amount for the injury with the highest value.
- 30% of the tariff for the injury with the second highest value.
- 15% of the tariff for the third highest.
However, there are some exceptions to the multiple injuries formula for pain and suffering you may experience as the result of a violent crime. These include:
- Becoming pregnant.
- Losing a foetus.
- Contracting a sexually transmitted infection (STI).
Our table below includes figures from the tariff.
|Injured arm||Loss of the non-dominant arm or the dominant arm||£33,000 to £55,000|
|Fractured both ankles||Continuing significant disability||£16,500|
|Fractured both ankles||Substantial recovery||£6,200|
|Femur (thigh bone)|
|Fractured leg injuries to both legs. At the top end of this bracket would be injuries that result in continuing disability of some kind.||£3,500 to £11,000|
|Injured neck||A moderate injury such as a sprain or whiplash with the lower end of the bracket being an injury that healed fully within 13 weeks. At the upper end of the bracket there could be permanent impairment.||£1,000 to £11,000|
|Fractured hand||Fractures of the both hands, from a single fracture, multiple fractures of both hands. Where there could be some level of continuing disability.||£1,800 to £6,200|
Fracture of vertebra
|Injuries such as a minor fracture to one or more of the vertebrae, with the upper bracket being for injuries that result in some level of continuing significant disability.||£1,000 to £6,200|
Fractured metatarsal bones
|Injuries could include specific medical conditions such as a displaced metatarsal fracture (one or both feet). In some cases, the foot would be left deformed and the victim would be unable to wear normal shoes.||£1,000 to £3,500|
|Fractured heel bone||One foot substantial recovery||£1,000|
In addition to a tariff amount, you might be eligible for special expenses. Special expenses can recover necessary costs that arose directly from the injury. Any items you claim for must not be available for free elsewhere. For example, if you relied on a physical aid, such as glasses, and it was damaged in the violent crime, you could claim the cost of this.
Call our advisors if you need any help making your claim for criminal injuries.
If you contact us about making a criminal injury claim and we find you have a strong case, we may connect you with one of our No Win No Fee solicitors. There are different types of No Win No Fee contracts, including Conditional Fee Agreements (CFAs). Generally, when claiming under a No Win No Fee contract, such as a CFA, you would not be asked to pay for the solicitor’s work in the event that your claim’s not a success.
Instead, the solicitor would take a success fee once your compensation is awarded. This is a percentage of your compensation and is subjected to a legal cap under the Conditional Fee Agreements Order 2013. Making a claim under these terms usually means the solicitor feels your case has a good chance of success, as if the claim doesn’t result in compensation, they usually wouldn’t receive a fee.
If you would like to know more about how to claim for criminal injuries under a No Win No Fee contract, please call our helpline. An advisor could assist eligible claimants in starting a claim under such terms.
To get free legal advice on claiming criminal injury compensation, you can contact us through the following methods:
Where To Learn More About The Criminal Injuries Compensation Maximum Payout
You might like to check out these external pages that have useful information related to criminal injury claims:
Other Guides Relating To Criminal Injury Compensation – How Long Does It Take To Claim
These other claim guides we have published might also be of some help to you:
- How Much Compensation Could I Get For Assault?
- Claiming For An Assault At Work
- A Guide To Claiming For Historic Sexual Abuse
Thank you for reading our guide, looking at the question, “how long does a criminal injury claim take?” and providing advice on getting the criminal injuries compensation maximum payout.