In this guide, we explore frequently asked questions surrounding the criminal injury compensation claims process.
It first examines the eligibility criteria that need to be met to claim compensation through the Criminal Injuries Compensation Authority (CICA). We also explain what the CICA is and the steps involved in pursuing your claim through them.
Furthermore, we discuss how CICA payouts are calculated and what they can comprise. You will also find information on whether CICA payouts can affect benefits.
Finally, we discuss how the No Win No Fee solicitors from our panel could assist you with your potential claim.
Our advisory team have considerable experience in assessing criminal injury claims. As well as offering free advice and guidance, they can provide a no-obligation assessment of your eligibility to begin a claim free of charge.
You can speak to our advisors today via the following contact information:
- Call our advisors on 0161 696 9685.
- Contact us through our website by completing this form.
- Use the live chat function on our website.
Select A Section
- What Is The Eligibility Criteria For Criminal Injury Compensation Claims Made Through The CICA?
- Is There A Time Limit For Criminal Injury Compensation Claims Made Through The CICA?
- How Do I Claim Through The CICA?
- How Are Criminal Injury Compensation Claims Calculated?
- Who Pays My Criminal Injury Compensation?
- Will My Benefits Be Affected By A CICA Payout?
- Can I Start A Criminal Injury Claim With A No Win No Fee Solicitor?
What Is The Eligibility Criteria For Criminal Injury Compensation Claims Made Through The CICA?
The Criminal Injuries Compensation Authority (CICA) is an agency sponsored by the Ministry of Justice that was established to provide a means of claiming compensation for those who have been injured by violent crimes in Great Britain.
The CICA is responsible for administering the Criminal Injuries Compensation Scheme 2012, which provides a definition of a crime of violence that can be compensated through a criminal injury claim. This can include assault compensation claims, claims for sexual abuse or physical abuse. Dependents of a victim of murder could also claim compensation through the CICA.
For you to begin a CICA claim, the following eligibility criteria will need to be met:
- You were the victim of a violent crime the 2012 Scheme compensates for.
- This crime occurred in England, Scotland or Wales, or another relevant place.
- The crime was reported to the police.
- You are within the time limits to start your case. This is typically two years. However, you can find more information on this later in our guide.
Does The Perpetrator Have To Be Convicted For Me To Claim?
The CICA does not need to wait for the outcome of a criminal trial if they already have enough information to make a decision on your case. As such, the perpetrator of the crime does not need to be convicted or identified.
As you generally only have 2 years to make your claim, you should use this as a reason to delay in beginning the claims process.
Can I Claim If I Witnessed A Crime Of Violence?
You could be eligible to claim for a psychological injury if you witnessed or were present at an incident in which a loved one suffered a criminal injury because of a violent crime.
Furthermore, if you were involved in the immediate aftermath of an incident where a loved one suffered a criminal injury, you could be eligible to claim.
For further guidance on the eligibility criteria to begin a criminal injury compensation claim, contact our team of advisors. They can also offer a free assessment of your particular circumstances to see if you’re eligible to proceed. Speak to a team member today using the contact information provided above.
Is There A Time Limit For Criminal Injury Compensation Claims Made Through The CICA?
In most criminal injury cases, you must apply to the CICA as soon as it’s reasonably practicable for you to do so. For those who were adults at the time of the incident, this is normally expected to be done two years from when the incident occurred. However, the time limit could be extended if exceptional circumstances prevented this from being done.
For a crime that occurred when the person was a minor that was reported to police before their 18th birthday, they have two years from their 18th birthday to begin a claim. If the incident was reported to the police on or after the person’s 18th birthday, they will have two years from when it was first reported.
There is a general expectation that the crime be reported to the police as soon as possible. However, in cases where exceptional circumstances prevented you from reporting the crime straight away, exceptions can be made.
For example, the CICA can exercise their discretion in cases of historic abuse, where the crime occurred when you were a minor, but no police report was made.
For further guidance on the time limits for criminal injury compensation claims, speak to our advisors today.
How Do I Claim Through The CICA?
This section examines how to make a claim through the CICA in more detail. To get started with your claim for criminal injuries compensation, the first thing you can do is contact our advisory team to get your eligibility assessed.
If eligible, you will need to provide the following supporting evidence for your claim:
- The police reference number from when you reported the crime. You cannot make a CICA claim without this, so the crime must have been reported.
- Proof you satisfy the residency requirements of making a CICA claim.
- Relevant medical evidence showing the injuries you have sustained can be compensated for under the Scheme 2012.
- Evidence of your financial losses, such as loss of earnings and special expenses.
You do not need to worry about collecting evidence of the crime taking place. The CICA will coordinate with the police investigation to gather this evidence.
The Criminal Injury Claims Process
Although CICA claims can be made for a variety of different crimes, they all follow the same basic steps, these are:
- Investigation: After your potential claim has been assessed by our advisors and you have completed the application form, the CICA will investigate your claim. They may ask the police for evidence and ask you for any other information if they need it.
- Compensation: If your claim is successful, you will be offered a CICA payout in line with the Scheme Tariff. You have the right to appeal the CICA decision if you are dissatisfied with the compensation offer you receive. A solicitor from our panel of experts could assist you in this regard.
- Resolution: Your claim will be resolved if you accept the original compensation offer or the appeal amount. You’ll receive a compensation award for your injuries per the Tariff and potentially additional payments for lost income and special expenses.
To find out if you are eligible to begin a criminal injury compensation claim or to ask any questions about the CICA claims process, get in touch with our advisory team using the contact information given below.
How Are Criminal Injury Compensation Claims Calculated?
Criminal Injuries Compensation is awarded per the Criminal Injuries Compensation Scheme 2012. This is a fixed tariff that sets out the injuries that the Scheme compensates for. If your claim is a success, the amount of compensation you receive will be based off this tariff. We have used a selection of these entries in the table below to illustrate how much criminal injuries compensation you could receive.
Compensation Table
Please be advised that the values given here are fixed payouts. Also, the top entry is not from the tariff.
| Type of Injury | Tariff Amount | Notes |
|---|---|---|
| Multiple injuries as well as loss of earnings and special expenses payments | Up to £500,000 | Payments for special expenses, such as personal aid equipment and home modifications as well as a payment for lost income and other injuries. |
| Very Serious Brain Injury | £175,000 | Severe physical limitation, significant sensory impact and little to no meaningful environmental response, with other issues. |
| Burns | £33,000 | Burns affecting over 25% of skin coverage across multiple areas of body. There is significant scarring. |
| Finger And Thumb | £16,500 | Loss of one thumb. |
| Tinnitus (Ringing Noise In Ear/s) | £16,500 | Permanent and very severe ringing in ears. |
| Ankle | £16,500 | Fractures or dislocations of both ankles causing continuing significant disability. |
| Abdomen | £13,500 | Laparotomy with one or more of permanent colostomy, ileostomy or ureterostomy. |
| Multiple Facial Fractures | £11,000 | For example, Le Fort fractures types 2 & 3. |
| Nose | £11,000 | Complete loss of taste or smell. |
| Back | £11,000 | Ruptured invertebral disc/s requiring surgical removal. |
The multiple injuries formula can be applied in cases where the victim of the crime has sustained more than one injury. You will receive 100% of the tariff for the highest-value injury, 30% for the next highest or an injury of equal value, and 15% for the third-highest or an injury of equal value.
While compensation under the Scheme cannot be awarded for more than 3 injuries, you may receive a separate tariff payment if you have become pregnant, lost a foetus or contracted an STI as a result of the violent crime.
Loss Of Earnings And Special Expenses In Criminal Injuries Compensation Claims
You may be entitled to loss of earnings payments in certain circumstances if your injuries have rendered you unable to undertake work.
You may also receive compensation for special expenses. These are certain costs incurred as a result of your being injured. Examples include the costs of managing your affairs and repairs to personal aid equipment that was lost or damaged in the attack.
There are eligibility criteria for claiming loss of earnings and special expenses, so for further guidance, contact our team today. Our advisory team can also provide a more detailed estimate of how much criminal injuries compensation you could receive.
Who Pays My Criminal Injury Compensation?
Depending on who your claim is directed against, who your payout is paid by can differ. For example, compensation in criminal injury claims made through the CICA is paid by the CICA. They can award up to a maximum of £500,000.
However, there are other avenues of claim, such as claiming against the perpetrator directly or making a claim against a vicariously liable party, such as a school or your workplace, for the injuries you have suffered. In these instances, the CICA would not award your compensation.
Reach out to our advisory team for further information on who pays criminal injury compensation today.
Will My Benefits Be Affected By A CICA Payout?
The CICA expects you to take reasonable steps to obtain any social security benefits that you’re entitled to as a result of your injuries. These will be considered when calculating your award and determining how much you are owed in compensation.
Similarly, any compensation you receive from the CICA may affect certain means-tested benefits.
If you get in touch, our team of advisors can provide more guidance on claiming compensation while receiving benefits.
Can I Start A Criminal Injury Claim With A No Win No Fee Solicitor?
If you are claiming through the CICA, you could do so with help from a No Win No Fee solicitor. They can offer their services via a Conditional Fee Agreement (CFA).
Typically, this means there are no fees to pay your solicitor for their work upfront, as your claim proceeds, or if it fails. If your claim succeeds, you’ll pay a success fee from your compensation. This is taken as a percentage which is subject to a legal cap however.
Our advisory team have considerable experience in assessing criminal injury claims. As well as offering free advice and guidance, our team can provide a free no-obligation assessment of your eligibility to begin a claim through the CICA.
You can speak to our advisors today for more information via the following contact information:
- Call our advisors on 0161 696 9685.
- Contact us through our website by completing this form.
- Click the live chat feature.
Further Resources In Criminal Injuries Compensation
See more of our criminal injury claims guides:
- Learn more about who could be eligible to claim assault compensation through the CICA.
- Read our guide on how to report historic sexual abuse and claim compensation.
- Find out more about claiming compensation following sexual abuse by a teacher through a criminal injury claim.
We have also provided these external resources you may find useful:
- The National Association for People Abused in Childhood (NAPAC) offers free support and advisors to survivors of child abuse. Learn more about their work on their website.
- Learn more about charity Victim Support and how they can help after a crime.
- You can access free mental health support from Samaritans at any time, day or night.
Thank you for reading our guide on criminal injury compensation claims made through the CICA. To get further guidance on the CICA claims process or for a free assessment of your eligibility to claim compensation, talk to our advisors today. You can reach our team 24/7 using the contact information provided above.