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Criminal Injuries Compensation

The Criminal Injuries Compensation Authority (CICA) operate a scheme under which the injured victims of violent crime, or relatives of a victim who has died as a result of violent crime, may apply for compensation.  For advice about making claim under CICA contact a member of our Personal Injury Claims team or telephone 0845 603 1057.

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There is no definition of what is meant by violent crime but generally speaking we are talking about a physical attack or, perhaps, the threat of violence but not, say, injuries sustained in a road traffic accident. However it is sometimes difficult to decide whether or not a crime may be treated as one for which criminal injuries compensation is payable and our advice is that if you are in doubt you should speak to us. For example we have secured compensation for the victim of an attack by a dog where, on appeal, we were able to prove to CICA that the dog was being goaded by its owner and effectively being used as a weapon. The same argument might apply to a car accident where, for example, the car is deliberately driven at the victim. It is also worth noting that sometimes the threat of violence is sufficient.

Report The Crime Immediately

You must report the crime to the Police as soon as possible and cooperate fully with the Police and with any prosecution. However if the offender is either not traced, not prosecuted or unsuccessfully prosecuted then you can still claim.

Time Limits

There is a very strict time limit for making the application – 2 years from the date of the crime which caused your injuries. There are very limited exceptions to this rule – CICA has to be convinced that there is a good reason for the delay and that it is in the interests of justice to allow a late application so if, for example, the victim was injured as a child or perhaps has learning difficulties or if there is a delay between the crime and the appearance of the injuries then those might be good enough reasons. Nevertheless always seek legal advice with a view to applying as soon as possible.

What Constitutes An Injury?

You can claim so long as there are provable physical/mental injuries, although compensation for mental injury alone, in other words mental injury without any physical injuries, is only awarded in very limited circumstances.

Injuries are compensated on a tariff basis – the injuries have to be worth at least £1,000.00 so minor injuries such as scratching or bruising lasting just a few weeks generally speaking will not qualify. Where there are multiple injuries then the most serious injury receives its full compensation, the second most serious injury is paid at 30% of the “normal” amount allowed for that injury, and the third most serious injury is paid at 15%.

Claims By Relatives Of A Deceased Victim

There is a restricted list of relatives who can apply for criminal injuries compensation:-

  • Spouse of civil partner
  • Common law partner living with the deceased for at least two years prior to the date of death
  • Parent or person regarded as parent by the deceased
  • Child or person treated by the deceased as their child
  • Former spouse or civil partner who was financially supported by the deceased.

Can My Compensation Be Reduced?

Remember that your own behaviour can affect your prospects of claiming. If you do not report the crime as soon as possible after it has occurred then CICA may refuse to make an award at all. Equally if you do not cooperate with the Police or with CICA or if CICA think that your own behaviour in the incidents surrounding the crime was inappropriate, then again they can refuse to make an award or they could make a reduction. For example if you incited the attack in which you were injured. Equally your own criminal record may be used to reduce or even extinguish your compensation although CICA cannot take into account convictions which are “spent”.

The Procedure For Claiming

We will help you complete an application form and once this has been submitted the CICA will make enquires usually from the Police but they may also obtain reports from medical authorities on your injuries, perhaps fix up a separate medical for you and often the process is painfully slow. It will certainly take months and sometimes years.

If you are unhappy with CICA’s decision on your claim then you can apply for it to be reviewed, initially by a senior case worker but the review/appeal process can move on from there to a hearing. Remember, however, that reviews can go either way – in other words the award can go down as well as up.

Funding My CICA Claim

Unfortunately CICA do not pay legal costs to successful applicants therefore most of our clients instruct us on a contingency fee basis – they pay us a percentage of their award at the end of the case. Some clients simply pay us for the work we do and use us at key stages of the claim but most prefer the contingency fee arrangement because it means that we only get paid if our client wins their claim.

 

Quick contact

Furley Page Solicitors in Kent, London, Canterbury, Chatham & Whitstable
Get in touch on 0845 603 10 57