State compensation has been available in Great Britain for victims of crimes of violence since 1964. The Criminal Injuries Compensation Act 1995 placed criminal injuries compensation on a statutory footing and introduced a tariff of awards. The Act also established the following bodies:
- The Criminal Injuries Compensation Authority (CICA): administering the awards;
- The Criminal Injuries Compensation Appeals Panel (CICAP): determining appeals by claimants dissatisfied with the decisions of the CICA.
If you have been a wholly innocent victim of violent crime in England or Wales you may be able to claim personal injury compensation from the CICA. Your right to claim compensation will depend on the individual circumstances of the crime. The person who caused your injuries does not necessarily have to have been convicted, or charged with that crime for you to claim.
The solicitors at Compensation Solicitors Online have experience in successfully claiming compensation from the CICA for victims of violent crime. Our expert team will work with you to take detailed instructions, and to consider all aspects of your claim and maximise its value. Our solicitors have experience in handling claims arising from a wide variety of incidents, including:
- A boy attacked by youths who set a dog on him;
- A man attacked with a metal bar in an attempted motorcycle robbery;
- A man attacked with a samurai sword;
- A security guard beaten up in the course of his employment;
- Bouncers attacking patrons;
- Man stabbed in the heart in an attempted mobile phone robbery;
- Mental patient attacked taxi driver;
- Sexual assault by a taxi driver;
- Step-father abusing his step-daughter and when she confronted him, he set her house on fire while the mother and three children were inside the house;
- Unprovoked assaults;
- Unsuccessful robberies.
We can attend you at your home, if necessary, to discuss the following key points with you:
- Accident circumstances
- Nature of your injuries
- Out of pocket expenses
- Loss of earnings
WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN AN ACCIDENT?
- You must report the incident to the Police as soon as possible (ideally not later than 48 hours after the incident, although there is no specific time limit) and cooperate fully with any Police investigation.
- Make a note of the Crime Reference Number and the name of the Police Officer to whom you report the incident.
- You should write a detailed account of what happened including a sketch of the location.
- You must ensure that you have the name and address of any witnesses.
- You should seek medical advice for your injuries as soon as possible. With some injuries (e.g. neck and shoulder injuries) the symptoms may take a few days to develop, but get medical attention as soon as you can.
- You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, walking sticks, etc.) and keep any receipts.
WHAT SHOULD YOU KNOW BEFORE CLAIMING?
The CICA was established in 1964 with the purpose to compensate victims of violent crime.
There are a few ways in which a CICA claim differs from a normal personal injury claims.
Our expert team will be happy to explain these differences to you in greater detail (in particular funding arrangements) at the point of instruction:
There is a two year deadline for making your claim to the CICA.
- You must be a UK resident or member of the EEA.
- Certain types of incident may not be covered under the CICA scheme.
- If the value of your injury claim is less than £1,000 the CICA will not accept the claim as they only compensate for 'serious' injuries.
- The CICA can refuse or reduce an award of compensation because of the following:
- Your behavior before, during, or after the incident in which you were injured
- If you have a criminal record
- If you fail to cooperate with the Police or the CICA
- If you delay in informing the Police or other organization or person of the incident.
- If the victim has died in consequence of the injury, and would otherwise have been eligible, compensation in tariff claims, including a dependency, may be paid to 'qualifying claimants'. The Scheme may provide more generous compensation, and for a wider class of claimants, than do the Fatal Accidents Act.
WHAT CAN YOU RECOVER?
- You can claim criminal compensation for your injury which is the tariff award.
- The CICA can grant awards of £1,000 - £500,000. It receives around 76,000 applications annually, resulting in over £200,000,000 being paid out to victims.
- The CICA do not pay compensation in respect of lost earnings for the first 28 weeks after your accident. The amount you can claim for lost earnings is capped, therefore if you are a high earner you may not receive the full amount of compensation you would be entitled to under an ordinary personal injury claim.
- Other special expenses may be recoverable.
- The CICA will not pay any legal costs, so you can either deal with the CICA directly or instruct us to bring the claim on your behalf and pay our fees directly out of your compensation. If you are a Trade Union member you may be entitled to free legal advice via your scheme. Contact your Trade Union for more information.
- Your claim is funded under a Contingency Fee Agreement. This means that our fees are deducted from the compensation you receive. We can discuss this with you in more detail at the point of instruction.
- A 'criminal injury' means one or more personal injuries sustained in Great Britain being injury 'directly attributable to a crime of violence (including arson, fire raising or an act of poisoning)'.
- A 'crime of violence' is not defined in the Scheme but according to case-law the nature of the unlawful conduct and not the consequences will be considered in determining whether it amounts to a crime of violence: R v CICB, ex parte Warner .
- A secondary victim who has suffered psychological injury because of the criminal injury of the primary injury may also claim compensation.
You could make claim for compensation through the CICA as well as a claim for personal injury against the assailant or your employer, if appropriate. However, the compensation you receive from the assailant or your employer would be deducted from any compensation paid by the CICA. Should the civil damages you receive increase the amount awarded by the CICA, then all of the CICA's award must be refunded. Furthermore, all monies which you have received or may receive in the future as a result of the assault must be declared to the CICA.
MAKE A CLAIM
If you would like to speak directly to a solicitor for a free and without obligation chat about your case call us on 0203 380 9406 or send us your details, with brief outline, by email to [email protected] and you will receive a prompt response.