If you are the victim of a crime that has caused you mental or physical injury, you could consider making a Criminal Injuries Compensation Claim. The Criminal Injuries Compensation Scheme is in place to help those who have suffered physical or mental injury due to a crime of violence that has occurred in the UK.
A CICC is made through the government-funded Criminal Injuries Compensation Scheme (CICS) – a scheme that has been set up to compensate blameless victims of crime in Great Britain, and it is run by the Criminal Injuries Compensation Authority (CICA).
Claiming criminal injuries compensation
The CICS has been set up to help to provide compensation to those who have been injured as a result of a crime. This can include those who have suffered from a criminal assault. It is also available to people who have lost a loved one to a violent crime
It is important to remember, however, that if you were involved in the criminal event – by either causing it or contributing towards it, there is a chance that your application to the CICA may be rejected.
The CICA outline that you might be eligible for a compensation payment through them if you claim for:
- Physical or mental injury after a violent crime
- Physical or sexual abuse
- Loss of earnings if you cannot work due to the mental and/or physical injuries that were received from the violent crime
- Expenses (not available free elsewhere) that are incurred as a result of the criminal injury
- A death caused by a violent crime including bereavement payments, payments for loss of parental services and financial dependency, and funeral payments
A maximum value of £500,000 can be claimed through a CICC, but a solicitor will be able to give you a recommendation of the amount that you are likely to get if your claim is successful.
Making a CICC
If you or your loved one have suffered due to a violent crime and you think that you are eligible for a Criminal Injuries Compensation payment, it is important to remember that the CICA will decide on whether it is awarded to you based on the circumstances. This can take up to 12 months for a regular case but can take longer for more complicated ones – especially if your case involves complex medical needs and long-term, ongoing treatment. The CICA need to look at all the evidence before they make their decision – but they do not need to wait to see what the outcome of a criminal trial is before they decide.
There are several criteria that must be satisfied in order for the CICA to award a successful claim to a victim. These can include:
- The incident should have been reported to the Police as early as possible.
- There is normally a time limit of two years after the incident to make the claim.
- The CICA only considers claims of over £1,000.
- The first 28 days of lost earnings are not paid for in the compensation and there is a capping of the amounts that are available.
- The CICA will take your behaviour at the time of the crime as well as subsequently into account, and also the manner in which you have dealt with the police.
- The CICA can take into account your criminal convictions when deciding whether to make an award
It is also important to note that no legal costs are paid. This means that you will need to fund your solicitor’s fees if you go ahead with the claim.
Contact Waldrons solicitors
Get in touch with Waldrons to discuss your claim with one of our expert personal injury solicitors today.
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Last reviewed on 11/07/23 by Joseph Norton who is an Associate Director and Head of Compensation