Compensation For Common Assault – Can I Claim Through The CICA?
If you would like to know more about claiming compensation for common assault, this guide will discuss eligibility and the steps you should take when making a criminal injury claim.
Compensation for common assault guide
The Criminal Injuries Compensation Authority (CICA) offer a scheme to compensate victims of violent crime in Great Britain. After applying to them for compensation, they will decide whether you are eligible to claim and assess the suitable amount to award. The CICA include a full list of the crimes they consider to be crimes of violence in their Scheme.
The Crown Prosecution Service (CPS) describes assault as an act where a person recklessly or intentionally causes another to apprehend or suffer immediate unlawful violence. Some forms of common assault that you may be able to claim for include:
- Someone shoving, pushing, punching or kicking you
- Someone hitting you with an object, such as a bottle
- Someone threatening violence, such as a threat of stabbing with a knife
The purpose of criminal injuries compensation is to compensate you for physical or psychological harm, as well as certain financial expenses suffered as the result of a violent crime. Please contact our team of advisors to find out more about claiming common assault compensation.
To speak to a member of our team about claiming compensation for common assault, you can:
- Call 020 8050 2736
- Contact us
- Use the live chat feature at the bottom of the page
Select a Section
- Who Can Claim Compensation For Common Assault?
- How To Claim Compensation For Common Assault?
- Making Claims For Common Assault Through The CICA
- Common Assault Compensation Payouts
- Can Criminal Injury Solicitors Provide No Win No Fee Agreements?
- Learn More About How To Claim Compensation For ABH
Who Can Claim Compensation For Common Assault?
You must meet the criteria of eligibility to claim through the CICA. This includes:
- You must have reported the incident to the police. Otherwise, you will be unable to claim.
- The incident must have happened in England, Wales, Scotland or another relevant place.
- A crime of violence must have harmed you – according to the CICA scheme, a crime of violence can include a physical attack, an act or omission of a violent nature that causes harm, a threat of attack, sexual assault and arson.
- In some circumstances, you may be able to claim if you saw or witnessed the immediate aftermath of your loved one being criminally injured. For this, you must have sustained a disabling mental injury as a result.
- If you’re a qualifying relative, you could claim compensation if you suffered bereavement due to criminal violence.
Moreover, you must consider the time limits for applying to the CICA. Adults should generally apply within two years of the incident. Although, it is recommended that you apply as soon as it is reasonably practicable for you to do so, as you do not need to wait until the conclusion of any criminal proceedings, should there be any. The CICA may extend this limit only where evidence shows that the application could not have been made sooner due to exceptional circumstances. The outcome also should be able to be decided without further extensive enquiries from a claims officer.
It is important to note that there is an option to make a claim directly against the perpetrator instead of claiming through the CICA. If you would like to know more about eligibility to claim compensation for common assault and your options, please contact a member of our team.
How To Claim Compensation For Common Assault
There are steps a person should take if they decide to claim compensation for common assault. Firstly, you may be required to submit evidence proving your claim eligibility and the injury caused by the criminal assault.
This could consist of:
- Evidence that you meet the requirements for residency in order to claim
- A police reference number to show that you’ve reported it
The CICA might request the following information from the police:
- Confirmation that you didn’t contribute to your injuries
- Information relating to your criminal record as this could impact the amount you receive
- Confirmation that you cooperated with the police in their investigations
Next, it is recommended that you seek legal advice. Please speak to a member of our team for free, confidential advice; there will be no obligation to take your claim further if you choose not to. We aim to make the process as stress-free as possible.
Making Claims For Common Assault Through The CICA
The CICA is an agency funded by the Ministry of Justice that deals with over 30,000 claims yearly, for which they have paid out more than £130m. Their role is to consider applications to compensate victims of violent crime.
Following an incident of common assault, you can apply to the CICA online to make a claim. They require you to provide details about the incident. The CICA awards common assault victim compensation for successful claims.
However, in some cases, you might be able to claim for a criminal injury from another party. For example, if the perpetrator is known and has the funds to award you compensation, then you could claim against them directly.
If you have any further enquires about claiming compensation for common assault through the CICA, contact a member of our team today.
Common Assault Compensation Payouts
When claiming compensation for common assault through the CICA, there are two potential heads of claim, payment for your injuries and special expenses.
As an alternative to using a criminal injuries compensation calculator, we have created a table below to show how much compensation you could receive for different injuries according to the tariff laid out in the CICA scheme.
| Injury | Details | Compensation Amounts |
|---|---|---|
| Mental Injury | The injury is permanent and seriously disabling. | £27,000 |
| Mental Injury | The injury is disabling and lasts 5 years or more but is not permanent. | £13,500 |
| Hip Injury | One dislocated or fractured hip with continuing significant disability. | £11,000 |
| Knee Injury | Both knees dislocated with continuing significant disability. | £6,200 |
| Knee Injury | One fractured knee, requiring substantial recovery. | £1,000 |
| Jaw Injury | A dislocated jaw with continuing significant disability. | £3,500 |
| Shoulder Injury | One dislocated shoulder, resulting in continuing significant disability. | £3,500 |
| Facial Scarring | There is significant disfigurement. | £2,400 |
| Finger Injury | A fracture or dislocation of the index finger on one hand with continuing significant disability. | £1,800 |
| Fibula Injury | A fracture to one leg with substantial recovery. | £1,000 |
You can also claim for certain costs caused by your injury; this part of your claim is called special expenses. To claim special expenses or compensation to cover a loss of earnings, your injury must be so serious that it has prevented you from earning or affected your capacity to earn for more than 28 weeks.
Although the CICA can only pay for loss of earnings from week 29, you can be paid relevant special expenses from the date of the injury. Any special expenses must be deemed as necessary, the price reasonable and not be available for free elsewhere.
Special expenses you may be able to claim include:
- A physical aid that was lost or damaged in the incident that caused your injury. This could include a walking stick or spectacles.
- Care and treatment costs not covered by the NHS.
- Special equipment that you need because of your injury, such as a specially adapted vehicle.
- Housing alterations to improve your ability to move around if your injury caused disability.
Contact our advisors to learn more about calculating compensation for common assault. They could provide insight into whether you could be eligible to claim under special expenses.
Can Criminal Injury Solicitors Provide No Win No Fee Agreements?
It can be beneficial to claim through the CICA with the help of a legal professional who will be familiar with the process and able to give expert advice. Specifically, a No Win No Fee solicitor taking on your claim with a Conditional Fee Agreement (CFA) in place benefits you by eliminating upfront and ongoing fees for your solicitor’s services. Also, in the event your claim is unsuccessful, you do not have to pay for your solicitor’s services.
On the other hand, a successful claim will mean your solicitor receives a small percentage of the compensation, called a ‘success fee’. The law caps this percentage. Therefore, a solicitor cannot overcharge you.
Allow a member of our team to assess your common assault compensation claim; if they find you may have an eligible case, they can connect you with a No Win No Fee solicitor from our panel.
Contact Us About Making A Claim For Common Assault
Don’t hesitate to contact our informative team of advisors to enquire about claiming compensation for common assault.
Please do one of the following:
- Call 020 8050 2736
- Contact us
- Use the live chat feature at the bottom of the page
Learn More About How To Claim Compensation For ABH
Learn more by exploring these external sources:
We hope this guide has provided extensive information about claiming compensation for common assault through the CICA.
Writer Jess Ox
Editor Fern Shelley
