Criminal injuries compensation claims

This is a Government backed scheme so that some compensation may be paid to 'Blameless Victims of Crime'.

It is a body of last resort and the amount of compensation is generally not as high as in a civil compensation claim.

The claims can take a long time to resolve, often well over a year, but in some criminal circumstances it may be the only possibility of any compensation.

Below are some tips to consider if you think that you may have a CICA claim:

1.    It is vital that the assault is reported to the Police at the earliest available     opportunity. Ensure the Police have a statement from you. If you called the Police after an assault, but were not able to give a statement at the time as you were being rushed to hospital, make sure that you follow it up, as the CICA must have a Police Report and must be satisfied you co-operated with the Police. The CICA can refuse your claim if you did not assist the Police throughout their investigations.

2.    Do not wait for the outcome of any criminal case. The CICA will reject your claim if they receive it more than 2 years after the assault.  Apply early and once the criminal case has been decided you can inform the CICA at that point. Even if your assailant is not convicted, you are still able to receive compensation. The test for CICA eligibility is completely separate to a criminal conviction. 

3.     Check that your injuries are covered by the Criminal Injuries Compensation Scheme. The CICA do take a long time to consider a claim. A year, often longer. There's no point applying when the CICA do not pay compensation for that type of injury. Examples of what they don't pay for include, Anxiety, Black Eyes and Scarring covered by hair. 

4.    If your claim is for historic sexual abuse, you cannot start your claim until you have reported it to the Police. Once reported you have up to 2 years to commence your claim for compensation. But the sooner you make your application the better. In these types of cases the abuser may not be around, so there may be no court case.

5.    If you are suffering from anxiety, flashbacks, nightmares or panic attacks, you will only receive compensation for these injuries if they are clinically diagnosed by a Psychiatrist or a consultant Psychologist. The CICA do not pay compensation for mental injury which is only confirmed by a Doctor or a Counsellor. It must be from a Psychiatrist or consultant Psychologist.

6.    If you have previous criminal convictions of your own these may be taken into account by the CICA. The CICA may reduce or, refuse an award completely depending on how recent the conviction was, or the seriousness of the offence.

If you think that you may be entitled to claim please do not delay in calling us for a free, no obligation chat.

Any claim can be made on a “No Win, No Fee” basis with no upfront payment from you.

Call us on 01270 509800 or 01353 865 333.  If you would prefer us to call you, complete our online enquiry form.

©2020 by Bentley Solicitors Ltd