In this guide, we will look at the process of applying for criminal injuries compensation including information on when you can claim and steps you can take following a violent crime.
A guide on applying for criminal injuries compensation
One way you can make a claim for a criminal injury is through the Criminal Injuries Compensation Authority (CICA), a government-funded organisation providing victims of violent crimes in England, Scotland and Wales a way to seek compensation. They aim to reimburse victims for various physical and psychological injuries, as well as some financial losses caused by the incident. Therefore, they are responsible for assessing compensation applications and deciding the amount awarded for a successful claim.
Furthermore, there are other avenues that you could follow to receive compensation. For example, you could make a claim against the perpetrator directly. However, to do this, you need to know who the person is, and they must have the available funds to pay you. Also, you may be able to claim against a vicariously liable party, such as an organisation that breached a duty of care to you that resulted in a violent crime.
This guide will explain how seeking legal advice can benefit your claim. Contact one of our advisors today to learn more about seeking compensation for a criminal injury claim. We offer free legal advice to help you get the compensation you deserve. Also, speaking to our advisors places you under no obligation to further your claim.
Please:
- Call 020 8050 2736
- Contact us
- Use the live chat feature below
Select a Section
- Who Can Claim For Criminal Injuries Compensation?
- Top Tips For Making A Criminal Injury Claim
- Applying For Criminal Injuries Compensation Through The CICA
- Potential Criminal Injury Compensation Payouts For 2022
- Applying For Criminal Injuries Compensation With No Win No Fee Solicitors
- Learn More About Applying For Criminal Injuries Compensation
Who Can Claim For Criminal Injuries Compensation?
The purpose of criminal injury compensation is to compensate victims of violent crimes for their injuries. Some of the different crimes of violence that can cause injury are:
- Assaults, such as punching and kicking.
- Rape and sexual abuse
- Grievous bodily harm (GBH), such as stabbings and shootings.
After a violent crime, you may be left with physical injuries and psychological injuries, such as depression and anxiety. You could be entitled to compensation if a crime of violence has injured you. However, when making your claim through the CICA, there are some eligibility criteria outlined. A few of these are as follows:
- Firstly, the incident must have happened in England, Scotland, Wales or another relevant place.
- Secondly, you must have reported the incident to the police.
- Thirdly, you must adhere to the relevant time limits.
The CICA outlines the time limits for applying for criminal injuries compensation through them. They recommend that you apply as soon as it is reasonably possible to do so, which should be no longer than two years after the incident for adults. The time limit can only be extended where exceptional circumstances prevented an application from being made earlier, and the evidence means that a decision can be made without more extensive enquiries being made by a claims officer.
The rules differ if the victim was under 18 years of age at the time of the incident. In this circumstance, you must apply to the CICA by your 20th birthday. However, it is still advised to apply as soon as you can.
Contact our team of advisors to find out whether you are eligible to begin applying for criminal injuries compensation through the CICA.
Top Tips For Making A Criminal Injury Claim
If you are making a claim directly against the person or against a vicariously liable party, there are several steps you could take. Following an incident of violent crime, you should seek immediate medical attention for any injuries, if applicable. After this, it is important to gather evidence to prove that this incident caused you to be injured. Some evidence you could provide are:
- CCTV footage – Showing the crime.
- Photographic evidence – Showing the injuries and scene of the crime.
- Witness contact details – It is important to know that you cannot obtain a witness statement yourself; it must be taken by a third party, such as your solicitor.
- Medical reports – These will provide more details about your injury, such as prognosis and any necessary treatment, if applicable.
- Police reports – Proof that you are cooperating with the police can help your claim.
Also, we recommend seeking legal advice after suffering from a violent attack. Contact our team for free advice about applying for criminal injuries compensation; we can provide further details about the claims process.
Alternatively, read on for information on the evidence you could provide when making a claim through the CICA.
Applying For Criminal Injuries Compensation Through The CICA
When applying to make a claim through the CICA, they may require you to provide:
- Medical evidence – The CICA may expect you to meet the cost of up to £50 to obtain medical evidence. However, there is help available if you cannot meet this cost. They may also need to arrange for you to attend an additional appointment, of which they will cover the cost.
- Police details – They will require confirmation from the police that the incident was reported.
- Proof of your residency – To show you meet the residency requirements.
For more information about applying for criminal injuries compensation through the CICA, contact a member of our team.
Potential Criminal Injury Compensation Payouts For 2022
The CICA can only award compensation for up to three injuries. They award:
- 100% of the tariff amount for the most serious injury
- 30% of the tarrif amount for the injury with the second highest or equal value
- 15% of the tarriff amount for the injury with the third highest or equal value
There are instaces where you could receive an additional tarrif payment if you have become pregnant, lost a foetus or contracted a sexually transmitted disease as a direct result of your injury or assault.
The Criminal Injuries Compensation Scheme 2012 contains a tarrif of injuries that provide compensation figures for different injuries. This is used to help value settlements awarded by the CICA. We have included these in the table below.
| Injury | Details | Compensation Amount |
|---|---|---|
| Very Serious Brain Injury | The person will suffer from severe physical limitations and significantly affected senses or a significantly reduced life expectancy. There will be need for full-time care or all day and some night time care. | £175,000 |
| Minor Brain Damage | The person makes a good recovery from a slight and short-lived injury lasting less than 6 months. They can socialise and return to work. However, there will be persisting problems with some things, such as concentration and memory. | £6,200 |
| Severe Burns | Burns that are severe affecting the face. | £27,000 |
| Mental Injury | A permanent mental injury that has been confirmed by a psychiatrist or clinical psychologist. It is seriously disabling. | £27,000 |
| Mental Injury | A disabling mental injury that has been confirmed by a psychiatrist or clinical psychologist, which lasts 5 years or over but is not permanent. | £13,500 |
| Back Injury | Fractures of multiple vertebrae that leads to a continuing significant disability. | £6,200 |
| Toe Injury | Loss of one great toe on one foot causing an ongoing significant disability. | £6,200 |
| Skull Injury | A simple fracture of the skull requiring an operation. | £3,500 |
| Shoulder Injury | One dislocated shoulder that leads to continuing significant disability. | £3,500 |
| Lung Injury | One collapsed lung. | £1,800 |
Furthermore, you can also claim for special expenses caused by the incident. These are specific financial losses you have suffered due to the incident. To qualify for this type of compensation, you must have suffered injuries that meant you lost earnings or your capacity to earn was affected for more than 28 weeks, or you were incapaciated in a similar way. The CICA will not compensate for the loss of earnings until week 29 and onwards. However, any other relevant special expenses can be paid from the date of the injury.
Potential special expenses that you could claim are:
- A physical aid, which was damaged or lost due to the incident that caused your injury, for example, dentures.
- The costs of care, such as domestic care.
- Special equipment you now require due to your injury, such as a wheelchair.
- Housing alterations to improve your independence, such as a ramp for a wheelchair to the front door.
Contact our team of advisors with information about your claim and they can provide an accurate estimate of what you could receive when applying for criminal injuries compensation.
Applying For Criminal Injuries Compensation With No Win No Fee Solicitors
Using a solicitor to help you claim compensation for a criminal injury can be extremely beneficial. They will be able to offer expert legal advice and help you to compile evidence. You may be daunted by the thought of paying expensive upfront and ongoing fees for a solicitor’s services. However, choosing a No Win No Fee solicitor can eliminate these concerns.
Appointing a No Win No Fee solicitor, under a Conditional Fee Agreement (CFA), means you do not have to pay for your solicitor’s services in the case that your claim is unsuccessful.
On the other hand, if your claim is successful, a small legally capped percentage of your compensation, called a ‘success fee’ will be deducted.
Upon assessing your case, our team can advise whether your claim is valid and may connect you with a No Win No Fee solicitor from our panel.
Start A Claim For Criminal Injuries Compensation
Please don’t hesitate to contact a member of our team to discuss the process of applying for criminal injuries compensation. We are available 24/7, so you can reach out at a time that is convenient for you. Our advice is free and confidential, and you won’t be obligated to further your claim with our panel of solicitors.
To get in touch, you can:
- Call 020 8050 2736
- Claim online
- Use the live chat feature below
Learn More About Applying For Criminal Injuries Compensation
Further reading for more information:
- GOV: CICA Statistics
- CPS: Offences against the Person, incorporating the Charging Standard
- NHS: Mental Health Services
We hope this guide has helped you understand the process of applying for criminal injuries compensation following a crime of violence. For more information, get in touch with our team on the number above.
Writer Jess Ox
Editor Meg Maloney
