What Is The Criminal Injuries Compensation Scheme In The UK And Could You Claim Compensation?
If you are unfamiliar with how a criminal injury claim works, you may be asking, “what is the Criminal Injuries Compensation Scheme?”. The scheme is implemented by the Criminal Injuries Compensation Authority (CICA) to award compensation to victims of crimes of violence in Great Britain.
This guide will focus on how you could claim criminal injury compensation through the CICA for physical and mental injuries suffered because of a violent crime. As well as showing the criminal injuries that could be claimed for, we will clearly outline the evidence that can be used to support a claim. We will also explain how compensation is calculated using tariffs of injuries.
Finally, the guide will explain how our solicitors could help you with this kind of claim. We will also look at the benefits of working with a No Win No Fee solicitor.
Our advisors are on hand to provide free advice and may be able to put you in touch with an expert solicitor if you have a valid claim and would like to proceed. To get support and answers to any questions about your claim, you can:
- Call 0800 073 8804;
- Discuss your claim online;
- Open a live chat conversation at the foot of the page.
Select A Section
- What Is The Criminal Injuries Compensation Scheme In The UK And Could You Claim Compensation?
- What Criminal Injuries Could You Claim Compensation For?
- How To Prove Your Eligibility To Claim
- How Much Compensation Will I Get From The CICA?
- Understanding No Win No Fee Criminal Injury Claims
- Learn More About What The Criminal Injuries Compensation Scheme Is
What Is The Criminal Injuries Compensation Scheme In The UK And Could You Claim Compensation?
As well as asking, ‘what is the Criminal Injuries Compensation Scheme?’ you may also wonder, ‘am I eligible to claim compensation for my criminal injuries under this scheme?’
The CICA is a government department focused on giving criminal injury victims a channel to claim compensation for their suffering. They should be used as a last resort, and you will not be able to claim through them if there’s another route available for you to seek compensation.
A claim could be made via the CICA if you suffered physically and/or mentally as a direct result of a crime of violence in Great Britain that you reported to the police. Later in the guide, we will review what constitutes an eligible violent crime.
Our advisors can help clear up if your experience could be the basis of a claim, so please do not hesitate to call us.
Limitation Periods
Another pivotal condition of claiming is doing so within the time limit. The CICA typically allows for claims to be started within two years of the crime being reported to the police. It is expected that the crime will be reported as soon as is reasonably practicable.
If there’s a delay in you reporting the incident to the police, or in beginning your claim, that was caused by extenuating circumstances, then this could be taken into account, and your claim may still be considered.
The question of how long a criminal injury claim takes can vary depending on the circumstances of the claim. More complicated claims might take longer to conclude; however, the CICA state that the majority of their claims are assessed within 12 months.
There are exceptions to the time limit that can apply depending on the circumstances. If you want to find out more about time limits and how they can affect your criminal injury claim, please get in touch with our team.
What Criminal Injuries Could You Claim Compensation For?
If you were the victim of an eligible violent crime, the perpetrator does not have to have been caught and prosecuted for you to claim through the CICA. Examples of offences identified as crimes of violence include:
- An attack, act or omission of a violent nature that causes someone to be injured (his could include an assault);
- Certain threats;
- Arson;
- Sexual abuse or assault;
In order to claim, you must show a direct connection between the crime and your physical and mental injuries. To discuss your particular circumstances and see if you could have a valid claim, speak with a member of our team today.
How To Prove Your Eligibility To Claim
The CICA requires the following forms of evidence to prove that you can make a criminal injuries compensation claim:
- A crime reference number provided by the police when you reported the incident.
- Proof that you meet the residency requirements.
- Medical evidence.
The CICA will be able to liaise with the police for information surrounding the incident; for example, they might confirm your conduct or whether you have any unspent criminal convictions that could affect your payout.
If you feel like you need further guidance on proving your eligibility for a criminal injury claim, please call our team.
How Much Compensation Will I Get From The CICA?
In this section, we return to the question, ‘what is the Criminal Injuries Compensation Scheme?’ The Criminal Injuries Compensation Scheme 2012 lays out the tariff of injuries. After a successful criminal injuries compensation claim, the CICA will use this tariff to award injuries. You can claim for multiple injuries, though the award for each will differ as follows:
- 100% of the tariff total awarded for the highest-valued injury;
- 30% compensation awarded for the second-highest valued injury, or injury with an equal value;
- 15% compensation for the third-highest valued injury, or injury with an equal value.
If the crime of violence causes you to lose a foetus, contract an STI or become pregnant, these will attract additional payments that will not have this formula applied to them.
This table shows some examples of injuries and values from the tariff.
Compensation table
INJURY | NOTES | AWARD |
---|---|---|
Major Paralysis (Not Resulting From Brain Damage) | Quadraplegia/tetraplegia that is substantially complete in lower and upper limbs. | £250,000 |
Eye | Both eyes lost. | £110,000 |
Hand | Loss of, or loss of function in, one dominant hand. | £55,000 |
Leg | The loss of one leg, above the knee. | £44,000 |
Sexual Assault | Resulting in serious internal injury. | £22,000 |
Burns | Severe burns causing more than minor disfigurement to the head. | £16,500 |
Face | Multiple fractures to the face. | £11,000 |
Kidney | Loss of a kidney. | £11,000 |
Back | Fracture of more than one vertebra, with persistent significant disability. | £6,200 |
Lungs | Both lungs are punctured. | £4,600 |
Payouts For Special Expenses
You could receive additional CICA payouts for certain special expenses, which you would need to give suitable proof for. They must be reasonable, necessary and incurred directly because of the violent crime. This is a non-exhaustive list of possible special expenses:
- Physical aids that were damaged during the undertaking of the crime, like glasses or a walking stick.
- NHS treatment costs or other state health treatments of an equivalent cost.
- Home adaptation or qualifying care expenses.
- Administration costs if you are mentally incapable of handling your affairs.
In some cases, you might also be able to claim for a loss of earnings through the CICA. Our advisors can talk you through the criteria for special expenses or lost earnings claims, so please call if you would like to know more.
Understanding No Win No Fee Criminal Injury Claims
Our solicitors can offer a Conditional Fee Agreement (CFA) when taking on a valid claim and providing their services. A CFA is a form of No Win No Fee agreement where you will not pay for a solicitor’s services:
- Upfront;
- During a claim;
- At all, in the event that you’re not awarded compensation.
If the claim succeeds, the solicitor will collect a percentage of the compensation. Due to the Conditional Fee Agreements Order 2013, the percentage they can take is subject to a legal cap.
Talk To Us About Your Criminal Injury Claim
If you want to know more about what the Criminal Injuries Compensation Scheme is, please call our advisors for a free consultation. What’s more, an advisor can assess your potential claim and put you through to our solicitors if the claim is valid. To see whether you could claim, please:
- Call 0800 073 8804;
- Use our form to ask about a claim online;
- Select the below live chat feature.
Learn More About What The Criminal Injuries Compensation Scheme Is
These guides will further explore the Criminal Injuries Compensation Scheme.
- Information on the maximum award the CICA can pay out.
- A guide to sexual abuse compensation.
- Details on who pays the costs for criminal injury claims.
You may also want to look at:
- Information from the NHS on when to call 999
- Information on coping with crime from Victim Support.
- Details on how to claim Statutory Sick Pay
We hope we helped answer the question, ‘what is the Criminal Injuries Compensation Scheme?’ If you have any further questions, please don’t hesitate to get in touch.
Written by McCosh
Published by Stocks