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Criminal Injuries Compensation
If you have been the victim of a violent crime in the UK, you may be entitled to compensation through the government-funded scheme ‘The Criminal Injuries Compensation Scheme’. The scheme is run by the Criminal Injuries Compensation Authority (CICA) and is designed to compensate blameless victims of violent crime in England, Scotland or Wales.
The CICA is an executive agency, sponsored by the Ministry of Justice, and currently handles up to 40,000 applications for compensation each year, paying out up to £200 million to victims. Their aim is to provide a compassionate, efficient, and fair service to victims of violent crime.
The government’s scheme sets the criteria and amounts for compensation for those physically or mentally injured due to a violent crime. It is important to be aware that you can submit a claim for compensation yourself via the government’s online portal without any legal representation. Some people choose to do this as unfortunately, the scheme does not pay the cost of your legal representation.
If you choose to instruct a Criminal Injury Solicitor to pursue the claim on your behalf, your chosen representative should make you aware of the options available to you to fund your case. One option may be for their legal fees to be paid from the compensation awarded to you at the end of the claim. Instructing an experienced solicitor is sometimes considered the better option if your claim is complicated and your injuries are severe.
Smith Jones Solicitors are criminal injury solicitors & we cap the amount of money you could pay in legal fees to ensure you retain the majority of the victim compensation awarded to you. If you would like to know more about our charges for making a CICA claim and the funding options available to you, you can Call us today on 0800 195 95 90 to discuss your claim with a member of our expert team.
Our legal team specialises in dealing with accident and personal injury claims only. We have been providing legal services in the UK since 1988 and are accredited through the Association of Personal Injury Lawyers, as well as The Law Society and, are regulated and authorised by the SRA.
Criminal Injury Compensation average Payout Examples
If you find yourself having to make a claim for a criminal injury one of the most likely questions you’ll possibly want to ask is: How much will I get paid? Unfortunately, whilst there’s certainly no easy answer to this, the Criminal Injuries Compensation Authority do set out some typical examples in their ‘tariff of injuries’ which you can access by clicking this link – https://www.gov.uk/guidance/criminal-injuries-compensation-a-guide
When deciding how much your claim might be worth, the CICA will take numerous factors into account – such as the type and nature of any injuries sustained, whether you’re entitled to claim any ‘special damages’ (such as loss of earnings, general out-of-pocket expenses and so on) and what your likely recovery time might be.
If your injury is particularly serious then you might well decide to defer any final payment until such time as you’ve been seen by a specialist and have been able to gain a better understanding of any longer term issues. In cases such as these we can often assist you in obtaining an interim payment from the CICA so that you can meet any specific financial commitments you might have, such as mortgage repayments or rent etc. Interim payments are particularly useful if you find yourself having to take time off work and/or if your pay is reduced to just statutory sick pay.
What sort of payment might I get?
The guidelines issued by the CICA give a few examples of what they might typically pay to claimants although it’s important to remember that no two cases are ever the same – and your actual amount may be less (or even more) than the figure specified.
Are there any examples you can show me?
Of course. Based on the latest guidance issued by the CICA here are three separate examples, all of which you’ll note are on very different scales:
Burns affecting multiple areas of the body covering over a quarter of the total skin area, with significant scarring = £33,000.00
A mental injury (as diagnosed by a medical professional) – for example, anxiety getting back into a car after a road traffic incident, lasting 6 weeks or more up to 28 weeks = £1,000.00
A serious disablement of physical or mental faculties, requiring substantial dependence on professional or other care, with marked impairment of intellect and personality, abnormal behaviour and poor communication = £110,000.00
Criminal Injury Claims worth less than £1,000.00 are not currently paid out to claimants.
How long will it take to get paid?
Unfortunately, due to the sheer amount of claims received by the CICA, settlement periods of up to a year certainly aren’t uncommon and complex cases can take even longer.
How do I make a claim?
If you’ve suffered any type of accident or injury then we’d advise you to speak with us as soon as possible. Whilst we can never promise that you’ll receive a certain amount, we always do our very best to maximise your chances of making a successful claim and our team of experts will work with you every step of the way when it comes to getting you back on the road to recovery.
For an informal chat, why not call us now – or use our online chat facility to see how we can help.
How Much Compensation Will I Get for Assault?
If you find yourself falling victim to any type of violence then you might want to consider making a claim for compensation.
Claims relating to assault are dealt with through a Government funded scheme known as the “Criminal Injuries Compensation Authority” (or “CICA”). The agency, which is sponsored by the Ministry of Justice, typically handles around 40,000 applications a year but has a set criteria about who can (and can’t) make a claim. For this reason, it’s always advisable to have the right team in your corner – and our experts at Smith Jones are here to help you every step of the way.
What constitutes assault?
Unlike battery, assault can simply be a threat (whether perceived or otherwise) but can include domestic violence, sexual abuse or another act of violence. Assault can also be distinguished as between an ABH crime “actual bodily harm” and a GBH crime “grievous bodily harm”, although if there are either no injuries or no ‘serious’ injuries then the offence can also be described as “common assault”.
Where the injury is considered to be ‘serious’ then this is usually classified as “actual bodily harm” or, if especially serious will be dealt with as grievous bodily harm. In essence, the only factor which distinguishes common assault from ABH is the level of injury (or injuries) sustained. Each claim type is covered by the Offences against the Person Act 1861.
How do I make an assault claim?
In order to be successful in claiming compensation for assault there are certain steps which must be taken. These include:
- Reporting the assault to the police as soon as reasonably possible after the event
- Obtaining medical attention (either from your own GP or your local hospital)
- Reporting the assault so as to satisfy the two year deadline criteria
- Being able to prove you were not to blame for the assault (or otherwise contributed towards it)
How much will I be able to claim?
Unfortunately it’s almost impossible to put a set figure on a given injury since much will depend on the actual loss suffered. In addition to the personal injury itself, most potential claimants also look to claim other types of loss arising out of the incident – for example, loss of earnings, travel expenses, out-of-pocket expenses (such as parking fees) and so on. These are known as ‘special damages’.
The amount you’re able to claim will also depend on the nature of your injury, or injuries, although the Government scheme doesn’t usually take account of more than three separate injury types; unless there are very exceptional circumstances such as becoming pregnant, miscarrying a child or contracting a sexually transmitted disease.
The CICA typically make awards ranging between £1,000.00 and £500,000.00. Claims considered to be worth less than £1,000.00 are not currently payable under the scheme.
How do I make a claim for assault?
There are lots of things that need to be taken into account when making a claim for assault. For this reason, we’d advise you to contact us at the soonest possible opportunity after the assault has taken place so that we can best advise you on how to proceed. Where necessary we can also arrange for you to see a specialist consultant and assist with any other elements of your claim; such as any special equipment you might need to help you stay mobile or simply provide you with advice on how to claim for loss of earnings etc.
We assist numerous clients with compensation claims for assault so why not give us a call and let us help you get back on your feet. You’ll be glad you called.
How Your Claims Will Be Dealt With
Criminal injury claims can be for physical or psychological injuries, and for injuries sustained both accidentally and deliberately. If you are eligible for compensation, the damages awarded for your serious injury claim are dependent on the circumstances of the crime committed, and the injuries sustained.
To qualify for compensation there are certain obligations which you must adhere to. For instance, the scheme requires that the incident which caused your injury must be reported to the police and that you must fully cooperate with the police and criminal justice system during their investigation and throughout the prosecution.
Damages may be disallowed or reduced if your involvement in the incident contributed to your injury and the CICA will consider any convictions you have at the time of applying and any other convictions received before the claim is settled.
In addition, your claim may be refused or a reduced sum may be awarded if you have a criminal record even if you were blameless in the incident that caused your injury. The CICA will take into account the following factors when making a decision about your claim:
- The evidence you gave to the police
- Criminal records
- Medical evidence (if required)
Some of the information surrounding the law on the matter may sound complicated. If you choose to instruct a solicitor to represent you, our experienced team will be here to guide you through the process and to explain what information will be needed from you to support your claim. The Criminal Injuries Compensation Authority (CICA) state that the responsibility for making a case for compensation lies with you. This means that you will need to provide us with the evidence necessary to decide your case.
The CICA list the following evidence that may be required to process your claim:
- proof that you meet the residency requirements;
- medical evidence that shows you suffered an injury that can be compensated under the Scheme;
- evidence to support a claim for lost earnings or future loss of income. This evidence may include pay slips or your P60. If you were self-employed, you may be asked to show copies of your tax return to show that you were in regular, paid work.
The following evidence may be collated before you are asked to obtain a medical report:
- confirmation from the police that the incident in which you were injured was reported to the police;
- confirmation from the police and/or witnesses that your behaviour did not contribute to the incident in which your injuries were received; and
- confirmation from the police that you co-operated with them.