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Criminal Injuries Solicitors – The Multi-Service Law Firm of Choice!
We are a multi-service law firm that considers itself to be at the forefront of the legal sector assisting you with your legal matters – ranging from civil, commercial, immigration, personal injury, industrial diseases, medical negligence, serious injuries and financial claims.
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Frequently Asked Questions
Whilst in the past it was quite likely that those with an unspent conviction or convictions would still be able to make a claim, with compensation awarded at a reduced rate, today that is mostly not the case. Under current legislation, the CICA is unlikely to award any form of damages to a claimant who still has a conviction which is unspent. This is the case if the conviction resulted in a custodial sentence or orders for probation, community, or youth rehabilitation. In most cases, a conviction will have an attached period of rehabilitation, meaning that they stay unspent during this time. For instance, community orders may have a one year period for rehabilitation after. This will delay you from being able to make a claim.
To find out if you are able to make a criminal injury claim with your criminal record, please consult our team for advice specific to you.
Many victims are rightly nervous about seeking compensation. They may have family concerns, as the family does not want to speak or be reminded of this dark episode in their past. They may feel worried about speaking to the police, or worried this will bring back all those memories they have tried to forget for years. Having listened for years to victims concerns, out team can share with you their experiences and help guide you through this difficult time.
Yes, it is possible to make a compensation claim through the Criminal Injuries Compensation Authority (CICA) even if nobody has been convicted of the crime that caused your injury. The CICA scheme is designed to provide compensation to innocent victims of violent crime, regardless of whether or not the perpetrator has been caught or convicted.
To make a claim, you will need to meet certain eligibility criteria, such as reporting the crime to the police as soon as possible, cooperating with the police and other relevant authorities, and submitting your application to the CICA within a certain timeframe. The specific criteria may vary depending on the circumstances of your case
CICA will also make a full investigation of the facts of your case. There are many occasions when it is not possible to identify the person who has assaulted you. You might have suffered memory loss due to the trauma of the attack, the assailant may have had their face covered or have even fled the country.
It is essential that you co-operate with the police and help with the ongoing investigations in every possible way. This could include but not limited to make a formal statement and in some circumstances attending the court. In some cases, it can be extremely difficult to recall and talk about the abuse or assault but the more details you can provide will generally help your case and aid in making a criminal injuries compensation claim.
If you refuse to make a statement or withdraw your statement then criminal injuries compensation authority (CICA) are unlikely to award you any compensation, as they require that you are the blameless victim of the crime and you fully co-operated with the Police. If you do not fulfill these criteria then CICA usually refuses to compensate for any criminal injury even if you have been seriously assaulted.
The criminal injuries compensation scheme allows for loss of earnings to be reclaimed but subject to some very constraining criteria:
- You must have little or no capacity for paid work.
- You will need to establish that you either were in paid work leading up to the application (but can no longer work) or have been on long term absence due to the abuse.
- The CICA will ignore the first 28 weeks of any period of loss – only long term absence is considered.
- Loss of earnings will be capped at the official level of Statutory Sick Pay (SSP) valid at the time of settlement.
- You will need evidence from HMRC or a former employer to substantiate loss of earnings.
- You will also need clear medical evidence preferably from a consultant doctor explaining your incapacity and how this is linked to the child abuse you suffered.
It is very difficult to negotiate a claim for lost earnings with the CICA. It is strongly recommended that you seek legal advice as the yearly award level is around £5000. When you consider a victim of crime may not work for many years due to the harm cause, this is a considerable head of claim.
Our calculator tool in main menu or below will help you with estimating the potential compensation that may be paid in respect of your claim. However be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to the acts or abuse perpetrated:
- Molestation above clothing: £1,500 – £2,000
- Non penile penetrative acts: £3,300 – £8,200
- Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000
If you suffer with mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:
- Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500
- Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000
- Emotionally Unstable Personality Disorder (EUPD) – up to £22,000
- Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000
You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.
The CICA will always obtain evidence from the police to substantiate the allegations made against the offender. They must establish on the balance of probability that the events occurred and that criminal intent or wrongdoing was accepted by the police. Further evidence will then be required in most cases from an applicants GP or hospital (mental health department for example) to show the level of any injury caused. You do not need to show signs of a mental injury or disorder to claim an abuse award. The fact that the acts were perpetrated and abuse has been established is sufficient to receive an award. It is important that medical evidence is explored fully if you have a serious condition such as Post Traumatic Stress Disorder (PTSD) or a personality disorder. This may help support a higher compensation award and possibly a loss of earnings payment.
It’s not necessary to wait for the outcome of a trial before making a claim for sexual abuse from the Criminal Injuries Compensation Authority (CICA). In fact, you can make a claim for compensation from the CICA even if the perpetrator of the abuse has not been caught or convicted.
It is not necessary to await the outcome of the trial before claiming following sexual abuse but it is wise to consider doing so. The police may take a view that applying too soon may actually prejudice the case if you are cross examined and the question of compensation is raised. However, against this is the unfair CICA deadline of 2 year which demands that your case is submitted with in 2 years on from incident report to the police.
In our experience, CICA sometimes relax the 2 year rule for abuse victims where a trial takes the investigation period beyond the 2 year deadline. Our advice would be to do what you feel comfortable with and liaise with your police team at all times.
One of the most difficult moments for any survivor of abuse comes when they make the difficult decision to report the crimes to the police. The fear of an uncertain outcome, a scary court process but also disclosure of the abuse itself along with naming the abuser can all be overwhelming. The police however are very well equipped to handle such investigations and modern methods of investigating sexual crimes have made the process much easier to bear.
The police will want to interview all relevant parties and witnesses. The witness statement from the “complainant” will usually be in video form once the initial disclosure has taken place. The offender may also be interviewed under caution on video. Additional evidence will be considered such as medical records, phone based media evidence and any witnesses spoken to. The matter will in due course be considered for a referral to the Crown Prosecution Service (CPS) in England & Wales or the The Crown Office and Procurator Fiscal Service (COPFS) in Scotland for the decision to be made on a possible prosecution. If the case is to proceed a trial date or window will then be set. The process can take anywhere from 1-2 years. More complex cases involving multiple victims may take longer.
The length of time it takes to process a Criminal Injuries Compensation Authority (CICA) claim for sexual abuse can vary depending on a number of factors, such as the complexity of the case and the amount of evidence required to support the claim.
In general, CICA claims can take several months to process, with some cases taking longer than a year to reach a decision. However, sexual abuse cases can be particularly complex and may require additional time to investigate and assess the evidence. This is because sexual abuse cases often involve sensitive and traumatic issues, and may require input from a range of experts, such as medical professionals and psychologists.
Most sexual abuse claims settle within 6-12 months. However, when you submit an sexual abuse case to the CICA you will be given two options regarding the method of how the claim is assessed. This directly affects how long a claim can take to reach a settlement. The CICA ask you to choose whether you wish to settle any eligible case using the police evidence only or the police evidence along with medical evidence. If you have no severe mental health complications then a “police evidence only” option might suit you. This might lead to a settlement within 3 months after receiving police report.
It is strongly recommended you only choose the quicker route if you do not wish to claim for a medical related problem and have no loss of earnings to consider. If you settle the claim without exploring medical evidence you may receive a much lower award than you are entitled to.
Yes, you can. We have a no win, no fee policy also known as a Contingency Fee Agreement (CFA) which means that we will not take a penny from you unless you win your settlement.
We understand that paying fees would just add to your worries in an already difficult situation. When we work for clients to claim compensation for victims of abuse we protect their financial security by agreeing that the amount payable for our work will be taken out of the final compensation payout, and not before. If for any reason your claim is unsuccessful, we will not require you to pay anything.
There are a number of things that will be taken into account in the sexual abuse cases to establish how much compensation you will receive. These include:
- Damages to cover the sexual assault as well as the emotional, mental and psychological distress you are sure to be feeling.
- Expenses for medical treatment including surgery, equipment, medication or health care from a private provider.
- Expenses for travel. You may have needed to travel some distance to see a medical professional with a particular area of expertise.
- Loss of earnings whilst recovering. If you were unable to work whilst you were recuperating then you may be able to receive reimbursement for your loss of earnings during this time.
- If you required a carer to help in your home then you can recoup the costs for this. Many people who have been sexually abused require assistance following the incident.
Don’t forget to keep as much information and evidence as you can in order to claim back the maximum amount of expenses when you file your claim.
The Criminal Injuries Compensation Authority (CICA) may award compensation to victims of sexual abuse who have suffered physical or psychological harm as a result of the abuse. The amount of compensation awarded will depend on the specific circumstances of the case, including the severity and impact of the harm suffered.
In sexual abuse cases, the CICA will typically consider a number of factors when determining the amount of compensation to award, including:
- The nature and extent of the abuse: This includes the type of abuse, how often it occurred, and how long it lasted.
- The impact of the abuse: This includes any physical or psychological harm suffered as a result of the abuse, such as injuries, trauma, or post-traumatic stress disorder (PTSD).
- The age of the victim at the time of the abuse: The CICA may take into account the victim’s age at the time of the abuse when determining the amount of compensation to award.
- Any financial losses suffered as a result of the abuse: This can include lost earnings or medical expenses incurred as a result of the abuse.
How much can the CICA award for sexual assault and sexual abuse claims?
Our sexual abuse calculator in the main menu will help you with estimating the potential compensation that may be paid in respect of your sexual abuse claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the abuse, period of suffering and whether any mental harm has been caused. Some common example award payouts are listed below relevant to sexual assault and sexual abuse claims:
Molestation above or under clothing: £1,500 – £2,000
Non penile penetrative acts: £3,300 – £8,200
Penile penetrative assaults single event or over a period (rape assaults): £11,000 – £22,000
Two or more isolated acts of non-penile penetrative oral contact: £4,400
Up to three years’ repetitive abuse: £6,600
Over three years’ abuse: £8,200
Single act of non-consensual penetrative sex (rape – vagina, anus or mouth): £11,000
Single act of non-consensual penetrative sex involving two or more attackers: £13,500
Repeated rape over three years: £16,500 to £22,000
Permanent physical and mental disability due to long-term abuse: £33,000 to £44,000
If you suffer from mental illness you can only claim for this element if you have a condition diagnosed by a psychiatrist or clinical psychologist. This is the standard of evidence that the CICA (very unreasonably) require. The following awards are paid for such cases:
Post Traumatic Stress Disorder (PTSD) recovery likely: up to £13,500
Post Traumatic Stress Disorder (PTSD) condition likely to be lifelong: £22,000
Emotionally Unstable Personality Disorder (EUPD) : up to £22,000
Emotionally Unstable Personality Disorder (EUPD) generally deemed lifelong: £22,000
You can only receive one main award, so you will not be compensated for both the abuse itself and also any mental health condition. You receive the higher award from the two categories.
All CICA compensation claims are subject to a time limit. This is around two years from when the assault happened or from when you reported the assault to the police. For child sexual abuse case you can also file a claim after 2 year of your 18th Birthday. However, because many people find it difficult to talk about this sensitive issue at the time of the attack, exceptions can be made and the limit can be extended to 10 or even 20 years later for historical abuse claims depending on the facts of the case.
We can advise you on how your claim can still be successfully made despite being late. We have managed to win cases that were delayed by 10-20 years or more. The key issue is the reason for the delay and whether health problems have contributed. It is not sufficient to simply argue that you did not know about the scheme or the rule which may have led to a delayed claim. That explanation will not meet the exceptional reason criteria for a late claim being admitted.
Victims of sexual abuse in England, Scotland, or Wales may be eligible to claim compensation from the Criminal Injuries Compensation Authority (CICA) if they meet the following criteria:
If you have been the victim of sexual abuse or sexual assault as a child or as an adult you can claim compensation through a government funded scheme. The scheme is managed by a body called the CICA. In order to apply you need to meet the following eligibility criteria:
- You must have reported the child abuse or sexual assault crimes to the police. This included non-recent abuse cases.
- The police must be able to investigate thoroughly with your full cooperation.
- You must submit your claim (*in most cases) within 2 years reporting to the police.
- You must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK.
*It is possible to claim after the deadline in some cases where the assault victim suffers mental health problems or has an exceptional reason for any delay in submitting the claim.
It is important to note that compensation from the CICA is not intended to replace a criminal conviction for the abuser, but rather to provide financial support to the victim as they recover from their injury.
Sexual abuse refers to any non-consensual sexual act or behavior, including but not limited to:
- Rape: Forced sexual intercourse or penetration of any kind.
- Sexual Assault: Any unwanted sexual contact, including fondling, touching, or kissing.
- Child Sexual Abuse: Sexual acts or behavior involving a child, including fondling, exposure, and exploitation.
- Sexual Harassment: Unwanted sexual advances, comments, or physical contact.
- Sexual Exploitation: Taking advantage of someone for sexual purposes, including prostitution and human trafficking.
- Incest: Sexual abuse that occurs within a family, including sexual contact between siblings or between a parent and child.
- Sexual Discrimination: Treating someone differently based on their gender or sexual orientation, including denying someone employment or education opportunities because of their gender or sexual orientation.
Sexual abuse can have serious and long-lasting consequences for the victim, including physical injuries, emotional trauma, and psychological distress. If you have been a victim of sexual abuse, it is important to seek support from trusted friends, family members, or a professional organization that can help you with the healing process.
If someone makes a sexual advance to you that is unwanted than this is known as sexual abuse. If that person applies force then it becomes sexual assault.
There are different categories of sexual assault, these are:
Contact Abuse: This involves physical contact between the abuser and the victim. This can include the unwanted sexual touch of somebody’s body, even if they are fully dressed.
- Penetration or rape which is the act of putting a sex organ or other object in another person’s vagina, anus or mouth.
- Using force to make another person take part in a sex act.
- Forcing someone to undress.
Non Contact Abuse: This does not require any physical touching to take place but does include the exploitation or grooming of a person. Non contact abuse can include
- Insisting that an individual listens to, or observes sexual acts.
- Insisting that an individual views pornography.
Don’t forget that sexual assault and sexual abuse do not discriminate between ages or genders, it can happen to anybody. The majority of victims are females and minors but men who have been victims of abuse are equally entitled to claim compensation. That compensation can be payable for both psychological and physical injury.
Criminal Injuries Compensation Authority (CICA), is an executive agency of the UK government responsible for administering the Criminal Injuries Compensation Scheme (CICS). The CICS is a government-funded program that provides compensation to victims of violent crime who have been physically or psychologically injured as a result of the crime.
The CICA considers applications from individuals who have been injured in England, Scotland, or Wales and who meet the eligibility criteria for the scheme. These criteria include being a resident of the UK, a national of the European Economic Area (EEA), or having leave to remain in the UK. Additionally, the crime must have been reported to the police within a reasonable time frame, and the victim must have cooperated with the police in any investigation and prosecution of the crime.
The amount of compensation awarded by the CICA depends on the nature and severity of the injury, and may also take into account loss of earnings and other expenses incurred as a result of the injury. The CICA may also consider the behavior of the victim in determining the amount of compensation to be awarded.
The rules of the Scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries. Although the size of the award varies to reflect the seriousness of the injury, we know that it will never fully compensate you for what you have suffered or lost – it is just society’s way of recognising that you have been a victim.
The Scheme applies to all applications received on or after 27 November 2012. This guide should be read in conjunction with the Scheme, which remains the authoritative document.
Basic eligibility criteria for the Criminal Injuries Compensation Scheme (CICS):
- Residency: To be eligible for compensation from the CICA, you must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK. If you are a victim of a crime that took place outside of the UK, you may still be eligible for compensation if you are a UK national or have close connections to the UK.
- Report to the Police: The crime must have been reported to the police within a reasonable time frame. The CICA may also require evidence that you have cooperated with the police in any investigation and prosecution of the crime.
- Injury: You must have suffered an injury as a result of a crime of violence that took place in England, Scotland, or Wales. The injury must be physically or psychologically traumatic, and you must provide medical evidence of the injury.
- Time Limit: There is a time limit for making an application to the CICA, which is generally two years from the date of the crime. However, in certain circumstances, the time limit may be extended.
- Conduct of the Victim: The CICA may also consider the behavior of the victim in determining eligibility for compensation. If the victim was engaged in criminal activity at the time of the crime, or if their behavior contributed to the crime, their application for compensation may be refused.
The CICA have set criteria which enables you to claim under their scheme, which includes:
- You must have suffered the physical or psychological injury as a result of a violent crime;
- The incident must have happened in England, Wales or Scotland;
- The incident must have been reported to the police as soon as practically possible;
- You must fully cooperate with the police and the CICA;
- Your injuries just be serious enough to meet the minimum requirements of the CICA scheme.
Time Limit: There is a two-year time limit for making a CICA claim for compensation under the scheme, although exceptions may be made in cases where the injury was not immediately apparent or where the victim was a child at the time of the crime. Exceptions may be made for historic sexual abuse cases else you should have a good reason for delay in making a claim.
Connection Between Injury & Crime: The injuries you are claiming for must have been sustained as a direct result of a crime of violence and and you are a blameless victim.
Reporting the Crime: The crime must have been reported to the police as soon as is reasonably practicable and you do not drop the charges. The victim must have cooperated with the police investigation and prosecution. CICA does not consider whether an assailant is prosecuted or not.
Residency: To be eligible for compensation under the CICA scheme, the incident must have happened in England, Scotland or Wales and victim must have been resident in the UK at the time of the crime.
Behaviour of The Victim: The victim’s behavior must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behavior contributed to the injury, but this will be assessed by CICA on a case-by-case basis.
Criminal Convictions: In some cases, compensation may be reduced or refused if the victim has a unspent criminal record.
If you are considering making a compensation claim for your injuries, it’s always best to consult with a solicitor or the Criminal Injuries Compensation Authority (CICA) to check your eligibility to make a claim. You can call us or request a free callback for a free initial consultation. We take all CICA cases on a No Win, No Fee basis. This means you don’t need to pay us anything if we won’t able to secure any compensation.
The Criminal Injuries Compensation Authority (CICA) in the UK provides compensation to victims of violent crime who have been physically or psychologically injured. To be eligible for compensation from the CICA, you must have suffered an injury as a result of a crime of violence that took place in England, Scotland, or Wales.
To apply, you must be a resident of the UK, a national of the European Economic Area (EEA), or have leave to remain in the UK. Additionally, the injury must have been reported to the police within a reasonable time frame, and you must cooperate with the police in any investigation and prosecution of the crime. The CICA may also consider the behavior of the victim in determining eligibility for compensation award.
The people who can apply for compensation under the scheme include:
- A person who has suffered an injury;
- A close relative of someone who passed away as a result of their injuries;
- A witness of a crime or someone who arrived at the scene of the crime immediately afterwards and has suffered a psychological injury;
- A person who has paid funeral expenses of someone who passed away as a result of their injuries.
If you were an adult at the time of the incident, you should apply within two years of the date of the incident. However, the time limit can be extended if there were exceptional circumstances which prevented you from applying earlier and the evidence to support the application means it can be determined without further extensive enquiries.
If you were a child under 18 years old at the time of the incident, the two-year time limit doesn’t apply. If the incident was reported to the police before the child turned 18, then the two-year limit would run from the date the child turned 18, i.e. they would have to make the claim before their 20th birthday.
The CICA will consider extending time limits where you can prove that you were unable to make the claim earlier, for example, if you had a psychological illness as a result of the incident. So it’s always best to check with the CICA first to see if it’s still possible to bring a claim, even if you’re outside of the applied time limit.
When applying for Criminal Injuries Compensation Authority (CICA) compensation, you will need to provide information about the crime, your injuries, and any other relevant information that supports your claim. Some of the key information you will need to provide includes:
- Date, time, and location of the crime
- Description of what happened & your injuries
- Name of the police station where the crime was reported
- Crime reference number & investigation officer name
- GP’s name and address
- Dentist’s name and address (if you had dental treatment because of your injuries)
- Details of any previous applications you’ve made to CICA
- Details of any unspent criminal convictions, if any
- Proof of identity for you or anyone you’re responsible for, such as a birth or marriage certificate, power of attorney or deed poll
Criminal Injuries Compensation Authority (CICA) scheme provides financial compensation to victims of violent crime in England, Scotland, and Wales. The types of payments available under the scheme include:
Compensation for Injuries: This includes payments for physical and psychological injuries sustained as a result of the crime, such as broken bones, scarring, sexual abuse, sexual assault, or post-traumatic stress disorder (PTSD). The amount of compensation awarded will depend on the severity and impact of the injuries.
Loss of Earnings: If you are unable to work as a result of your injuries, the CICA may provide compensation for lost earnings. This can include compensation for past and future lost earnings.
Special Expenses: If you have incurred expenses as a result of the crime, such as medical expenses or travel costs, the CICA may provide compensation to cover these expenses.
Bereavement Payment: If a family member has died as a result of a violent crime, the CICA may provide a bereavement payment to the deceased person’s spouse or parents. Where a claims officer is satisfied that more than one person may be eligible for a bereavement payment in respect of the deceased, the amount of the bereavement payment is £5,500. Otherwise, the amount of the bereavement payment is £11,000. You can additionally claim payments for loss of parental services and financial dependency; and funeral payments.
Funeral Payment: If a family member has died as a result of a violent crime, the CICA may provide a payment to cover the costs of the funeral.
Child’s Payment: A child’s payment may be made to a person who is a qualifying relative if that person was at the time of the death of the deceased under 18 years old and dependent on the deceased for parental services. The period to which a child’s payment will relate begins on the day of the death and ends on the day before the child’s 18th birthday.
Dependency Payment: A dependency payment may be made to a qualifying relative who at the time of the deceased’s death was financially or physically dependent on the deceased. A qualifying relative was physically dependent on the deceased if the deceased was their main carer. The period to which a dependency payment will relate begins on the day of the death.
If you have suffered more than one injury as a result of a violent crime, we can include all of your injuries in your Criminal Injuries Compensation Authority (CICA) claim. The CICA considers all injuries when calculating the amount of compensation you may be eligible to receive.
In general, the CICA will assess the severity and impact of each of your injuries separately, and assign a specific award for each injury. The total amount of compensation you receive will be based on a formula and then sum of the individual awards for each injury.
It’s worth noting that the CICA uses a tariff-based system to determine the amount of compensation awarded for different types of injuries. The tariff sets out a range of compensation amounts for different injuries, based on their severity and impact.
In addition to compensation for physical injuries, the CICA may also provide compensation for certain psychological injuries, such as post-traumatic stress disorder (PTSD) or depression, that have resulted from the crime.
If you have suffered multiple injuries as a result of a violent crime, it’s important to provide the CICA with as much information as possible about the nature and impact of your injuries. If you have more than one injury then each, on its own, would qualify, you may be entitled to:
- 100% of the full tariff value of the most serious injury; and
- 30% of the tariff amount for the injury with an equal or second highest value; plus
- 15% of the tariff amount for any additional injury with an equal or third highest value.
The Scheme does not allow us to pay for more than three injuries. However, there are additional tariff payments which you can receive (outside multiple injury formula), if these are suffered as a direct result of your injury or assault, you:
- become pregnant;
- lose a foetus; or
- contract a sexually transmitted disease.
If you have witnessed a violent crime, you may be eligible to make a claim for compensation under the Criminal Injuries Compensation Authority (CICA) scheme, provided that you meet certain eligibility criteria.
To be eligible for a CICA claim as a witness, you must have been physically injured as a direct result of the crime, or have suffered a recognised psychiatric condition as a result of witnessing the crime. This could include conditions such as post-traumatic stress disorder (PTSD), anxiety, or depression.
In addition to meeting the eligibility criteria, there are other factors that the CICA will take into consideration when assessing your claim, such as the severity of your injuries, the impact of the crime on your life, and any other relevant factors.
Criminal injuries are not just of a physical nature, they can also be psychological. Physical injury is more straightforward for example if you are beaten up, attacked, assaulted, or mugged and have been injured as a result of the criminal conduct of another party you have a right to seek compensation.
Psychological injury though can be more difficult to define. If you witnessed a violent crime, for instance, an armed robbery or someone being attacked, just because you weren’t physically injured doesn’t mean that’s the end of it. Because most of us are lucky enough not to come into contact with violent behaviour, often when we do it has a deep psychological impact.
If you have been witness to an act of violence you could find that you keep reliving the attack over and over. This can lead to a feeling of being afraid and not wanting to go out into public. Fear and panic set in and you become unable to live your life as you did before witnessing the attack. If you can relate to this then you should contact a personal injury solicitor to find out if you could be entitled to claim compensation.
There are two basic requirements for a successful compensation claim, these are that the victim must be the innocent party caught up in a criminal act and that this has led to them suffering the physical or psychological injury. Also, CICA need the mental injury should be diagnosed by a psychiatrist or psychologist. CICA won’t accept the diagnosis from any other medical professional.
Any compensation award will be determined by the type and extent of any injuries and any long-lasting effects it has had on your life. This includes any effect on your ability to earn a living.
The timeframe for receiving criminal injury compensation from the Criminal Injuries Compensation Authority (CICA) can vary depending on a number of factors, including the complexity of your case, the evidence required to support your claim, and the workload of the CICA.
In general, the CICA aims to process claims within 6-8 months of receiving all the necessary information and evidence, but some cases can take longer depending on the type of claim you have, the information the criminal injuries compensation authority needs, and the level of compensation you are entitled to.
However, where there are delays in obtaining medical evidence or police information or any other report documentation it can take 11-12 months, and in very complex cases where there is a large loss of earnings, it can take more time. In those cases, we always seek an interim payment.
If you have reported abuse or assault to the police, and are considering making a claim under the Criminal Injuries Compensation Authority (CICA) scheme, there are several steps you can take.
It is essential that you cooperate with the police and help with the ongoing investigations in every possible way. This could include but not limited to make a formal statement and in some circumstances attending the court. In some cases, it can be extremely difficult to recall and talk about the abuse or assault but the more details you can provide will generally help your case and aid in making a criminal injuries compensation claim.
If you refuse to make a statement or withdraw your statement then criminal injuries compensation authority (CICA) are unlikely to award you any compensation, as they require that you are the blameless victim of the crime and you fully co-operated with the Police. If you do not fulfill these criteria then CICA usually refuses to compensate for any criminal injury even if you have been seriously assaulted.
If no one has been convicted of the crime, you can still make a claim to the CICA. The CICA does not require a criminal conviction as a condition of awarding compensation.
The conditions before you make a claim are that a crime must have taken place, you have suffered an injury as a result of a blameless act of violence and you have fully cooperated with the police, by reporting the incident and making a full statement.
In order to make a successful claim, you will need to provide evidence to support your claim. This could include a police report or a medical report. The CICA will assess your claim and make a decision based on the evidence provided.
It’s important to note that the CICA operates under a “no-fault” system, which means that they do not make a determination of guilt or innocence in regards to the crime. Instead, they focus solely on the impact of the crime on the victim.
If a claim was made on your behalf when you were a child, you may not able to make a second claim for the same incident when you become an adult. The criminal injuries compensation scheme will not allow you to make a claim for the same incident two times. However, under some special circumstances, it may be possible to have a claim re-opened.
If your previous injury has worsened, or if you have suffered additional injuries as a result of the same incident, you may be eligible to receive additional compensation. You should provide the CICA with any relevant medical evidence and information regarding the impact of your injury on your life, as well as any expenses or losses you have incurred as a result of the injury.
For such cases, we need to establish the basis of the medical evidence the original decision was made. For instance, it may have been for the physical assault/abuse, but over the years the child now turned adult suffers repressed psychological symptoms which could not have been anticipated when the original award was made.
If a psychological report can be obtained that confirms the symptoms have occurred as a result of the original incident, and the symptoms are sufficiently serious to warrant additional compensation. It may be possible to reopen a CICA case where an award was originally made as a child.
Our experienced team of solicitors will be happy to discuss your case on an informal no-obligation basis. If we believe there is sufficient information to submit a further claim we will advise you and act for you on a no win no fee basis.
The amount of criminal injury compensation you are likely to receive is decided by the Criminal Injuries Compensation Authority (CICA). The CICA is an independent body established to provide compensation to victims of violent crime who have been injured in England, Scotland, or Wales.
The CICA has a set of guidelines and tariffs that they use to determine the amount of compensation that should be awarded in each case. The guidelines take into account various factors, such as the type and severity of the injury, any ongoing physical or psychological effects, and any loss of earnings or expenses incurred as a result of the injury.
Even when the perpetrator of the injuries is caught and found guilty a compensation claim is not made against the criminal as they would likely not have sufficient funds to cover it and would not be covered by any personal liability insurance. This responsibility falls on the CICA who evaluates the merits of any claim and award compensation accordingly.
For a case to be successful the CICA must determine whether or not you played a part in the criminal act and if it resulted in you suffering physical or psychological injuries. This could range from being witness to a criminal act that has a psychological effect on you right through to suffering a most serious physical attack. When considering injuries suffered the most obvious ones are often the physical ones such as cuts, bruises, scarring, or broken bones.
Often the psychological effects are long term and do not heal as readily as the physical injuries. Anxiety, stress, and even depression can result from being caught up in criminal acts and do not always surface immediately after the incident. These can reveal themselves months or even years later and can have long term effects.
The CICA only compensates for injuries that according to their tariffs are worth over £1,000. The most serious injury awards go up to £500,000. You are able to claim for more than one injury, getting the full value for the most serious injury with subsequent injuries receiving a reduction according to the CICA rules. Usually, the three most serious injuries will be compensated but there are some incidents that fall outside this rule.
You may also be compensated for the loss of earnings, medical expenses, and some other costs that occurred as a result of the injuries.
There are many factors that can determine any compensation award like the type of injury, the severity of the injury, and any long term effects it has on your life. We offer a no win no fee service to give advice and help guide you through the process of making a claim whilst ensuring maximum recompense.
