Claiming Compensation for a Criminal Injury
In 2001, the Government updated its Criminal Injuries Compensation Scheme which it had introduced in 1964. If you have been injured as a result of a criminal assault, the scheme could help you claim compensation for your injuries and any financial losses you might have experienced as a result.
Claiming for a Criminal Injury: How it Works
Claiming for a Criminal Injury: Conditions for Claiming
Claiming for a Criminal Inury: Fatal Injuries
Claiming for a Criminal Injury: How Accident Compensation 4 U can Help
Claiming for a Criminal Injury: How it Works
If you or a relative has been the victim of a violent crime, you could be entitled to compensation under the Criminal Compensation Scheme 2001. The Scheme was set up so that you may be compensated for "physical and mental injuries caused by a violent crime", to "compensate for past or future lost of earnings", to cover any "special expenses caused by a violent crime" or "for the death of a close relative as a result of a violent crime" ( Guide to the Criminal Injuries Compensation Scheme p. 3).
To get compensation, you will need to submit an application to the Criminal Injuries Compensation Authority who will assess your circumstances. During a period that can last for up to 12 months (or longer depending on certain events such as a pending court case), CICA will gather evidence to support your case and will award compensation based on a published "tariff".
Separately you can claim compensation for loss of earnings if you have been out of work (or would have been unable to work) for more than 28 weeks. You could also be entitled to claim for "special expenses" such as medical treatment you had to undergo as a result of the crime.
Accident Compensation 4 U will be able to put you in touch with a specialist personal injury solicitor with experience in dealing with CICA claims and who will advise you on what to do. Call us on 0800 0371260 for a FREE assessment of your claim or use our online claim form to submit your details.
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Claiming for a Personal Injury: Conditions for Claiming
There are a number of conditions that will ensure that you are eligible for an award under the Criminal Injuries Compensation Scheme:
- First, the incident should have happened in the United Kingdom (i.e. England, Scotland and Wales). If you have been a victim of crime abroad, your appointed solicitor will be able to advise you on whether that country runs a similar scheme and should be able to help you claim against it.
- Second, the incident MUST have been reported to the police at the earliest. Failure to do so might affect whether or how much compensation you are likely to receive.
- Third, the incident must have happened within the last two years of your claim (although in special circumstances this can be extended).
The conditions above are absolute. What this means is that if any of the above are not met, it is likely you will not be eligible for an award. In addition to these conditions, in considering your award, CICA will consider whether you were partly responsible for the injuries. For example whether through your actions you caused violence to errupt. CICA will also take into consideration any unspent convictions you may have.
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Claiming for Criminal Injuries: Fatal Injuries
You can claim through CICA on behalf of someone who has died as a result of injuries from a violent crime. These are considered as special circumstances by CICA and uses a different process. In order to claim compensation in these circumstances, you must be a qualified claimant. This would include you if you are the victim's current or former wife, husband or registered partner, the natural parents of the victim or the children of the victim.
The rules and processes that are applied by CICA in these circumstances are the same as those described above. The rules, however, apply to both yourself and the victim. For example, CICA will look at both the victim and your criminal records to establish whether to award compensation. The award however, is calculated differently, although still based on a tariff system. You could be able to claim a Standard Amount of £11,000, although this would not be awarded to you if you were the victim's former husband, wife or partner. In the latter case, you would only be able to receive compensation for Financial Dependency. This latter award is often complex to calculate and will require CICA to look into your household income before and after the death.
For more information, to assess your circumstances and for a FREE consultation, start your claim by giving us details of your circumstances on 0800 0371260.
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Claiming for a Crminal Injury: How Accident Compensation 4 U Can Help
Submitting a claim through the Criminal Injuries Compensation Authority can be a lenghty and complex process. Accident Compensation 4 U could help you ensure that your application is complete and manage the submission process.
You should note that when using us in a criminal injuries case, our No Win No Fee program does not apply. Rather we will enter into an agreement with you where we will share the award from CICA either as a percentage or as a fixed fee agreement. During the assessment phase of your case, your appointed solicitor will be able to explain how this works.
Call us now on 0800 0371260 for a Free Assessment of your claim or leave your details online.
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