Claim Criminal Injuries Compensation For Epilepsy
Epilepsy is a neurological disorder that affects brain activity, leading to recurrent seizures that can significantly impact a person’s quality of life. While epilepsy may be manageable with medication, some individuals experience ongoing, uncontrolled seizures despite treatment. For those who develop epilepsy due to a violent crime—such as head trauma from physical assault, accidents involving criminal negligence, or deliberate injury—the condition can be life-altering, requiring long-term medical treatment, lifestyle adjustments, and financial support.
If you have developed epilepsy due to a violent crime in the UK, you may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA). The CICA provides financial assistance to victims who suffer physical and psychological injuries as a result of criminal acts.
Understanding Epilepsy and Causes of Epilepsy
Epilepsy is a neurological disorder that results from abnormal electrical activity in the brain, leading to unpredictable seizures that vary in intensity, frequency, and duration. While some cases of epilepsy are hereditary or caused by medical conditions such as infections or strokes, many develop as a result of head trauma.
When epilepsy is caused by violent crime, it is often due to traumatic brain injury (TBI), where a severe impact disrupts the brain’s normal functioning, leading to recurrent seizures. The condition may manifest immediately after the trauma or develop gradually over months or even years. In many cases, the severity of the seizures depends on the location and extent of brain damage. Some victims may require lifelong treatment, including anti-epileptic medications, neurological therapy, and adaptive lifestyle modifications to manage their symptoms effectively. Common causes of epilepsy due to violent crime:
- Physical Assaults and Head Trauma: Severe blows to the head, repeated concussions, or direct force applied to the skull during an attack can result in long-term neurological damage, increasing the likelihood of developing epilepsy.
- Gunshot or Blunt Force Head Injuries: High-impact trauma caused by gunshot wounds, strikes with blunt weapons, or heavy objects can lead to brain hemorrhages, which may result in chronic seizure disorders.
- Shaken or Strangled Victims: Victims who experience violent shaking, strangulation, or suffocation may suffer brain hypoxia, where the lack of oxygen leads to permanent neurological impairment and seizure disorders.
- Severe Road Traffic Incidents: Criminally reckless driving, hit-and-run incidents, or intentional vehicular assaults that result in head trauma can cause post-traumatic epilepsy (PTE), which may develop weeks, months, or years after the injury.
- Delayed Onset Epilepsy from Head Injuries: Some victims do not experience seizures immediately after their brain injury but develop epilepsy over time as scar tissue builds up in the brain, interfering with normal electrical activity. This condition often requires long-term monitoring and medical intervention.
Eligibility for a CICA Epilepsy Compensation Claim
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To be eligible for compensation through CICA, victims must meet strict criteria to ensure that financial aid is awarded only to those who have suffered a genuine injury due to violent crime. The primary eligibility requirements include:
- The Crime Must Be Reported to the Police – The incident must be reported to law enforcement at the earliest opportunity. A police report serves as crucial evidence in supporting the claim.
- The Crime Must Have Taken Place in the UK – Compensation is only available for crimes committed within England, Scotland, or Wales.
- You Must Fully Cooperate with Police Investigations – Victims must engage with law enforcement by providing statements and any necessary information to assist in the investigation.
- A Criminal Record May Impact Your Claim – If the applicant has previous convictions, especially for violent offenses, their compensation may be reduced or denied, depending on the severity of their record.
- The Application Must Be Submitted Within Two Years – Claims must be made within two years of the crime occurring. However, exceptions may be granted in cases where medical conditions or psychological trauma prevented an earlier submission.
- There Must Be Clear Medical Documentation of Epilepsy – A formal medical diagnosis is required, along with evidence establishing a direct link between the epilepsy and the criminal injury sustained.
How Much Compensation Can You Receive for Epilepsy?
Our cica claim calculator in the main menu will help you with estimating the potential compensation that may be paid in respect to your claim. However, be aware that figures do vary considerably depending upon the nature (severity) of the injury and the impact on your daily life, period of suffering and whether any mental harm has been caused.
CICA follows a structured tariff system to determine compensation awards based on the severity and impact of the injury. The compensation amounts for epilepsy are as follows:
- Well-Controlled Epilepsy on Medication: £6,200
- Partially Controlled Epilepsy on Medication: £13,500
- Uncontrolled Epilepsy Despite Medication: £44,000
The level of compensation depends on the effectiveness of treatment, seizure frequency, and the impact on the victim’s daily life. Those with uncontrolled epilepsy, who experience frequent or unpredictable seizures, may receive the highest compensation due to the significant impact on their mobility, employment opportunities, and overall independence.
Victims suffering from epilepsy as a result of violent crime may also be entitled to additional financial support, depending on how the condition affects their ability to work, maintain independence, and manage daily activities. The impact of epilepsy extends beyond medical complications, often requiring adjustments to lifestyle and employment. Additional claims may include:
- Loss of Earnings Compensation: If epilepsy interferes with employment, victims may claim compensation for lost wages, including long-term disability-related income loss. This applies to individuals unable to return to their previous jobs or those forced into reduced working hours due to seizure unpredictability.
- Medical and Rehabilitation Costs: Compensation may help cover the costs of ongoing neurological treatments, specialised care, seizure management plans, and medication. It can also assist with the financial burden of consultations with neurologists and rehabilitation specialists.
- Care and Assistance Costs: Victims who require assistance for daily activities, mobility support, or supervision due to seizure risks may qualify for financial support to cover home adaptations, assistive technology, or the cost of a caregiver.
- Psychological Injury Compensation: The mental health impact of epilepsy can be significant, with many victims developing PTSD, anxiety, or depression. Compensation may be awarded for professional therapy, counseling, and support programs aimed at improving emotional well-being and coping mechanisms.
Understanding Epilepsy and Different Types of Epilepsy
Epilepsy varies in severity and type, affecting individuals in different ways. Some forms are mild and manageable, while others significantly disrupt daily life. Understanding the different types of epilepsy helps in determining treatment plans and compensation eligibility. Common types include:
- Focal (Partial) Seizures: These seizures originate in a specific region of the brain and can cause unusual sensations, muscle twitching, or brief episodes of altered consciousness. Some individuals remain aware during an episode, while others experience confusion.
- Generalized Seizures: These affect both sides of the brain and can result in severe convulsions, unconsciousness, and sudden body rigidity. Victims may sustain injuries from falls or muscle spasms during an episode.
- Absence Seizures: These brief seizures involve a sudden loss of awareness, causing the individual to stare blankly for several seconds. Often mistaken for inattention, they can disrupt daily activities and pose safety risks.
- Tonic-Clonic Seizures: Among the most severe forms, these seizures involve violent muscle contractions, stiffening of the body, and unconsciousness. They can last for several minutes and often require immediate medical attention.
- Post-Traumatic Epilepsy (PTE): This form of epilepsy develops after a traumatic brain injury, often as a long-term consequence of violent crime. PTE can cause unpredictable seizures, significantly impacting a victim’s ability to work and maintain an independent lifestyle.
Psychological and Social Impact of Epilepsy
Epilepsy can have a profound emotional and social impact on victims, affecting their personal and professional lives. Beyond the physical dangers of seizures, individuals may face challenges such as:
- Loss of Independence: Many individuals with epilepsy are unable to drive, operate heavy machinery, or engage in activities that require full alertness, leading to decreased autonomy.
- Post-Traumatic Stress Disorder (PTSD): The trauma associated with the attack that caused epilepsy can lead to flashbacks, heightened anxiety, and a persistent fear of experiencing another seizure in public.
- Depression and Anxiety: The unpredictability of epilepsy can create feelings of isolation and helplessness. Fear of seizures occurring at work, in social situations, or while alone can lead to emotional distress.
- Workplace and Social Challenges: Many individuals with epilepsy face discrimination, stigma, or limited employment opportunities. Employers may hesitate to accommodate their medical condition, affecting career progression and financial stability.
Rehabilitation and Support for Epilepsy Victims
Managing epilepsy requires a combination of medical treatment, rehabilitation, and emotional support. Victims may benefit from:
- Neurological Treatment and Seizure Management Plans: Ongoing medical care, including prescription medications, regular neurological evaluations, and seizure monitoring, is essential for controlling symptoms.
- Physical and Occupational Therapy: Some individuals experience mobility or coordination issues due to seizures. Therapy can help improve balance, muscle control, and overall physical well-being.
- Assistive Devices and Safety Measures: Specialised equipment such as seizure detection devices, protective headgear, and anti-suffocation pillows can enhance safety and prevent seizure-related injuries.
- Psychological Counseling and Support Groups: Mental health support plays a crucial role in helping victims adjust to life with epilepsy. Professional counseling, peer support groups, and therapy sessions can improve emotional resilience and reduce the psychological burden of the condition.
Additional Losses You Can Claim
Loss of Earnings – If your injury caused you to be unable to work for more than 28 weeks, you may be eligible for compensation from the Criminal Injuries Compensation Authority (CICA) for lost earnings. To qualify, you must be able to demonstrate that you had a consistent and regular income before the injury. This could include proof of full-time employment, self-employment, or any other verifiable source of income. CICA will consider your pre-injury income levels to calculate the compensation. This can be especially crucial if the injury significantly impacted your financial stability and your ability to support yourself or your family.
Psychological Trauma – If your injury led to psychological trauma such as Post-Traumatic Stress Disorder (PTSD), depression, or anxiety, you may be entitled to additional compensation. These mental health conditions can have a long-term impact on your well-being, and CICA recognises the importance of supporting victims of crime with emotional and psychological support. To qualify for compensation for psychological trauma, you will need to provide medical evidence of the diagnosis from a qualified mental health professional. The severity of your condition and the impact on your daily life will be taken into account when determining the amount of compensation.
Special Expenses – If your injury results in additional needs, such as mobility aids or home adaptations, CICA may compensate you for these “special expenses.” However, there is an important criterion: you must have been unable to work for at least 28 weeks as a result of your injury. This compensation is meant to help cover the costs of any special equipment or alterations to your living space that are necessary for you to maintain a reasonable quality of life after the injury. This can include items like wheelchairs, prosthetics, home modifications (such as ramps or stairlifts), or any other equipment that helps you with mobility or daily activities. The claim must be substantiated by proof of these expenses and how they relate to your injury.
- Report the Crime Immediately – Delays in reporting the crime can weaken your claim, so notify the police as soon as possible. If there is a valid reason for a delay, such as being medically incapacitated or facing threats from the perpetrator, you must provide evidence to support your explanation.
- Provide Strong Medical Evidence – Ensure all medical reports, X-rays, and surgical records clearly detail your injury, the severity of the fracture, and its long-term effects. A medical professional’s prognosis regarding mobility limitations, future treatments, and rehabilitation needs can strengthen your claim.
- Keep Financial Records and Document Expenses – If you have lost earnings or incurred medical expenses due to your injury, retain all relevant documentation. You may be able to claim special expenses for:
- Loss of income due to inability to work;
- Mobility aids such as crutches or wheelchairs;
- Home modifications (e.g., stairlifts or handrails);
- Ongoing physiotherapy or rehabilitation costs;
- Travel costs for medical appointments;
- Costs of personal care if you need assistance with daily activities.
- Be Consistent with Your Statements – Ensure your statements to the police, medical professionals, and CICA are aligned. Discrepancies in accounts of how the injury occurred or differences in timelines may raise questions that could delay or reduce your compensation.
- Seek Legal Assistance If Necessary – If your case is complex, involves long-term disability, or was initially rejected, consulting a solicitor who specialises in CICA claims may help strengthen your application. Legal professionals can assist in gathering additional evidence, drafting appeals, and negotiating a fair settlement.
Criminal Injuries Compensation Basic Eligibility Requirements:
You need to meet some basic requirements before you can claim compensation from CICA
- 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 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 behaviour must not have contributed to the injury. In certain circumstances, compensation may still be payable even if the victim’s behaviour 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 an unspent criminal record.
- Injuries Before 1979 (the “same roof” rule): Until 2019, victims injured before 1 October 1979 by an attacker they lived with could not claim. That restriction was abolished in June 2019, so if you were previously refused compensation for this reason you may now be able to apply.
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 can’t secure any compensation.
What is Criminal Injuries Compensation Scheme?
The Criminal Injuries Compensation Scheme in the UK is a government-run program that provides financial compensation to individuals who have been physically or mentally injured as a result of violent crime. The compensation is paid to those who have suffered injury and can demonstrate that the injury was sustained as a direct result of a crime of violence.
To be eligible for compensation, the crime must have been reported to the police and the victim must have cooperated with the police investigation and prosecution. The amount of compensation awarded is based on a tariff system and can range from a few hundred to several thousand pounds, depending on the severity of the injury and other factors.
The purpose of this scheme is to provide financial support to victims of violent crime who have been physically or mentally injured as a result of the crime. The compensation is intended to help cover the cost of medical expenses (which are not covered by NHS or recoverable from any other source), lost income, and other expenses related to the injury.
What Payments Are Available From The Scheme?
CICA will consider claims for the following injuries, medical conditions and special expenses:
- mental or physical injury following a crime of violence;
- sexual or physical abuse;
- loss of earnings – where you have no or limited capacity to work as the direct result of a criminal injury;
- special expenses payments – these cover certain costs you may have incurred as a direct result of an incident. You can only ask us to consider special expenses if your injuries mean you have been unable to work or have been incapacitated to a similar extent for more than 28 weeks;
- a fatality caused by a crime of violence including bereavement payments, payments for loss of parental services and financial dependency; and funeral payments.
To qualify for an award, an injury must be described in the tariff of injuries at Annex E of the CICA Scheme. Not all claims for compensation will be successful; you must be eligible under the rules of the Scheme.
What Information Do I Need To Make A Criminal Injuries Compensation Claim?
To make a claim for compensation claim through the Criminal Injuries Compensation Authority (CICA), you will need to provide certain information and documentation to support your criminal injury claim. Some of the information and documentation as minimum you will need include:
Details of The Crime & Injuries: You will need to provide a detailed account of the crime that resulted in your injury, including the date, time, location of the incident and injury details.
Crime Reference Number: You will need to provide the crime reference number issued by the police.
Police Station, Police Officer Name & Collar Number: You will need to provide the name of the police station, police officer name and collar number who dealt with the crime.
GP & Hospital Details and Medical records: You will need to provide GP & hospital details, consent to ask your medical records to see the nature and extent of your injuries, including any diagnoses and treatment received and submit it to CICA.
Other Supporting Evidence: You may also need to provide additional supporting evidence, such as witness statements or photographs, specialist medical reports, etc. to support your claim.
How is The Compensation Amount Determined?
The compensation amount is determined based on a tariff system that takes into account the specific nature and impact of the injury. We can assist with negotiating the compensation amount and ensuring that you receive the maximum amount of compensation available under the scheme. We can also check your eligibility to make a CICA claim and also advise you the approximate award amount you might receive from CICA.
Can I File a CICA Claim & Receive Compensation if The Offender is Not Convicted?
Yes, you can still file a CICA claim and compensation may still be payable even if the offender is not convicted. Remember you have two years to make a compensation claim under the CICA 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.
Can I Receive Compensation if I Was Injured Outside the UK?
To be eligible for compensation through the CICA, the crime must have occurred in England, Scotland, or Wales. If you were injured outside of the UK, you may still be eligible for compensation through other schemes or compensation programs but not from CICA.
Which Injuries Can Not Be Claimed From CICA?
CICA has specific eligibility criteria for claims, and certain types of injuries or circumstances may not be eligible for compensation. Here are some common examples of injuries or circumstances that may not be eligible for compensation through the CICA:
Self-inflicted Injuries: Compensation cannot be awarded for injuries that were self-inflicted or caused by the victim’s own actions.
Criminal Activity: Compensation cannot be awarded for injuries sustained as a result of criminal activity in which the victim was participating, such as a fight or brawl.
Minor Injuries: Minor physical injuries which can be healed itself such as scratches, bruises, black eye, soft tissue injuries, broken nose, broken ribs, bruising or a black eye are not claimable. You can claim for scarring from the CICA scheme.
Animal Attack / Dog Bite: You can’t claim for any animal attack or dog bites unless the animal was used as a weapon and ordered to attack purely to cause the harm or injuries.
Theft or Burglary: Damaged or lost/stolen properties such as house, car, phone, or any other device cannot be claimed from CICA scheme. You can claim for physical or mental injuries sustained as a result of theft, burglary and attack.
PTSD Not Diagnosed by Psychologist or Psychiatrist: PTSD, Anxiety and depression needs to be diagnosed by a clinical Psychologist or Psychiatrist in order to make a claim. CICA won’t accept any diagnosis by GP or any other medical professional.
When CICA Can Reject Your Claim?
The most common reasons for a Criminal Injuries Compensation Authority (CICA) claim to be rejected are:
Time Limit: Claims must be made within two years of the date of the incident or the date when it is reported to the police. Where claimant is a minor they have until their 20th birthday to make a CICA claim. Claims made outside this time limit may be rejected, unless you have exceptional circumstances for the delay in submitting your claim.
Failure to Cooperate With the Police: Compensation claim may be rejected if the victim failed to provide statement, cooperate with the police during the investigation or dropped charges.
Unspent Conviction: If the claimant has an unspent conviction at the time of applying or before an award offer, their claim may be reduced or rejected. If you are unsure that your drink and drive or any other conviction is spent or unspent then give us a call.
Minor Injuries: If the injuries you sustained during the incident are minor and not included within the ‘CICA Scheme Tariff” then your claim may be rejected by CICA.
Psychological Injury Without Diagnosis: CICA may reject any claim compensation for mental injuries that are not diagnosed by a clinical Psychologist or Psychiatrist.
Lack of Supporting Evidence: If the requested medical evidence or other supporting evidence are not provided or not enough to demonstrate that you sustain an injury as a direct result of violent crime, then your claim may be rejected.
How We Can Help With CICA Claim?
- Providing Advice on Eligibility: We can help determine if you are eligible for compensation through the CICA scheme, based on the specific circumstances of your case and the other requirements of the scheme. We can help you recover compensation from £1,000 to £500,000.
- Gathering & Presenting Evidence: We can help gather and present evidence to support your claim, including medical records, injury form, GP report and other forms & relevant documentation. We will fight to recover the compensation that you deserve & deal with matters on your behalf.
- Completing the Application Form: We will complete the application form for CICA compensation on your behalf to ensure that it is completed correctly and submitted in a timely manner. We will handle everything on priority basis and keep it confidential.
- Negotiating the Compensation Amount: We will negotiate with the CICA on your behalf to ensure that you receive the maximum amount of compensation available under the scheme. We will also advise you that the compensation award offered is appropriate or not.
- No Win, No Fee: We will proceed with you claim on a No Win, No Fee basis. You don’t need to pay us anything if we can’t secure any compensation for you from CICA.
It’s important to note that while a solicitor is not required to make a claim for compensation through the CICA, many victims find it helpful to have legal representation to ensure that their rights are protected and that they receive the maximum amount of compensation available.
Frequently Asked Questions (FAQs)
