If you’ve sustained an injury in a crime of violence, you might be eligible to claim criminal injuries compensation. In this guide, we examine the process of claiming through the Criminal Injuries Compensation Authority (CICA). We also look at the difference between criminal injuries claims and claims made directly against the perpetrator.
To claim compensation following a criminal incident, certain criteria need to apply to your circumstances. We look at what these are. In addition, we explore what could reduce your compensation amount. Also, we look at examples of ways criminal injuries could occur.
The process of claiming might feel easier with a solicitor. The costs of legal representation could seem prohibitive, however. We explain what a No Win No Fee agreement is and why one might benefit you when funding the work of a solicitor on your claim.
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- An Introduction To Criminal Injuries Compensation
- What Is A Criminal Injury?
- Examples Of Criminal Injuries
- How Much Could I Get For Criminal Injuries Compensation Claims?
- Where Can I Find No Win No Fee Lawyers?
- More Resources On Criminal Injuries Compensation Claims
If you’ve been injured as the result of a violent crime, you might want to make a claim through the CICA. The CICA is an executive agency that is sponsored by the Ministry of Justice and they compensate people who have been harmed in violent crimes in England, Scotland and Wales.
Certain eligibility requirements apply for these kinds of crimes. Furthermore, the CICA have set out tariff amounts that dictate how much compensation certain injuries can attract.
Our advisors can discuss your compensation options. Just get in touch today for free legal advice.
Criminal Injury Statistics
The Office for National Statistics (ONS) collects statistics for offences recorded by the police in England and Wales.
530,374 violence with injury crimes were reported between January 2021 and December 2021. Attempted murder made up 1,016 offences. Assault with the intent to cause serious harm was reported 34,916 times. In addition, assault with injury was reported 473,724 times.
Compensation is available to victims of violent crimes through the CICA. In some cases, you might be able to claim against the person who harmed you directly, but you would need to know who they are and they would need to have the available assets to pay you compensation if the claim is successful.
Your injury could be mental, physical or both to claim through the CICA. Criteria for claiming include:
- The crime must have been reported to the police. This should be done as soon as possible (usually straight after the accident, however, if you can show that exceptional circumstances stopped you from doing this, then you might still be able to claim).
- You must make your claim within the relevant time limit. This is usually two years from the date you reported it to the police. However, if you can show that exceptional circumstances stopped you from doing so (for example, illness) then your claim might be accepted outside this timeframe.
- The incident must have happened in England, Scotland, Wales or another relevant place as outlined in the CICA Scheme.
Criminal injuries compensation lawyers might make claiming compensation through the CICA a. Contact our advisors to discuss your criminal injuries. They may put you in touch with a serious injury solicitor from our panel.
To make a criminal injuries compensation claim you must have been injured because of a crime of violence. The CICA defines a crime of violence as:
- A physical attack, such as actual bodily harm (ABH) or grievous bodily harm (GBH). This could result in an eye injury or a neck injury.
- Another kind of act or omission of a violent nature that causes someone to be physically injured
- Threats that cause someone to be fearful of the immediate risk of violence, as long as the circumstances are such that it’s reasonable for them to fear this. This could cause psychological injuries like post-traumatic stress disorder (PTSD).
- Arson or fire-raising which could cause burn injuries
- Sexual abuse and rape
Just because an act is against the law and causes injury does not mean that it is a crime of violence. For example, you would not be able to make a road traffic accident claim against someone who ran a red light, even though this is against the law. You would only be able to claim if someone used their car as a weapon to harm you.
Free legal advice is available from our advisors if you would like to know whether you’re eligible to claim compensation for your criminal injuries.
CICA claims are a set amount from their tariff of injuries. If the perpetrator can be identified, you might want to claim directly against them instead. This is because the amount you receive could potentially be higher in these claims.
If your claim is successful, you’ll receive compensation for your injuries. You can claim for multiple injuries, but you will only be compensated for the three injuries with the highest value from the CICA tariff. You’ll receive 100% of the compensation for the highest valued injury, 30% of the tariff amount for the second-highest valued injury and 15% of the next highest valued injury. You might be eligible to receive other payments that are not subject to this formula if you became pregnant, lost a foetus or contracted an STD as a result of the attack.
The table below contains tariff examples from the CICA tariff of injuries.
|Loss of eye||£27,000||Loss of one eye.|
|Moderate brain damage||£27,000||Slight dependence on others with an intellectual deficit, personality changes, reduced employability and impact on senses.|
|Face scarring||£11,000||Serious disfigurement from facial scars.|
|Fractured knees||£6,200||Continuing significant disability from fractures to both knees.|
|Non-permanent mental injury||£6,200||Disabling mental injury lasting between 2-5 years.|
|Fractured hand||£3,500||Continuing significant disability to one hand.|
|Moderate torso burns||£2,400||Moderate burns to the torso area.|
|Collapsed lung||£1,800||One collapsed lung.|
|Jaw fracture||£1,800||Substantial recovery following surgery.|
|Permanent peripheral sensory nerve damage||£1,500||Significant loss, such as sensation loss in leg.|
Special Expenses Explained
You might also be able to claim special expenses In order to qualify for special expenses, your injury must have resulted in at least 28 full weeks of lost wages. Special expenses will be paid from the date of the injury. However, loss of earnings will only be paid from week 29.
Special expenses could be paid for:
- Damaged physical aids, such as your eyeglasses. If you lost or broke a physical aid you depend on during the incident you could claim the cost of a replacement back.
- Medical expenses. Costs that arise from certain necessary treatments.
- Care and supervision costs. If you need help with your bodily functions or cooking, for example, carer costs could be covered.
Our advisors could explain when you may be able to make a criminal injury claim.
An application to the Criminal Injuries Compensation Authority could seem easier with a solicitor. A solicitor could also advise you on whether it might be better to claim personal injury compensation instead.
Legal representation costs can mean that hiring a lawyer by paying upfront is out of reach for a lot of people. A solicitor may charge a large upfront fee before starting work on your claim, for example. There is a way to reduce your financial risks and still have the legal representation that could ease your claim, however.
You won’t pay an upfront solicitors fee under a No Win No Fee arrangement, such as a Conditional Fee Agreement (CFA). A fee is only payable if your claim is successful. This is called a success fee. It’ll be taken from your award and is legally capped. If your claim loses, you won’t pay this fee.
Ask Us About Criminal Injuries Compensation Claims
Our advisors can explain to you whether you have a valid criminal injuries compensation claim. In addition, they can calculate how much your injuries might be worth under the CICA tariffs. Eligible claims could be passed onto our panel of personal injury solicitors.
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The following links might be helpful:
We’ve also included more guides for your reference:
- Compensation for a Broken Ankle
- Valuing Compensation for a Hand Injury Claim
- Wrist Injury Compensation Claims
If you have any more questions about claiming criminal injuries compensation, please get in touch.