Criminal injuries compensation
Criminal injuries can be a highly sensitive subject and often difficult for our clients to talk about. Here at Mooneerams our personal injury specialists have years of experience in the field and understand that criminal injury claims need to be dealt with with up most care in order to get victims the criminal injuries compensation they are entitled to.
If you have been injured as a result of violent crime in England, Scotland or Wales, you can apply for compensation from a government organisation, known as the Criminal Injuries Compensation Authority (CICA).
Some people still refer to this type of compensation as ‘CICB claims’ or ‘Criminal Injuries Compensation Board Claims’, as a reference to the body’s previous name.
What is the Criminal Injuries Compensation Authority (CICA)?
It is an Agency of the Ministry of Justice and is based in Glasgow. From there, it administers the compensation scheme for the whole of England, Wales and Scotland. It has over 200 staff and reports that it deals with 30,000 claims every year, paying more than £130 million to the victims of crime.
Who is eligible for an award under the CICA scheme?
A person who sustains injury as a direct result of a crime of violence being committee against them.
The Scheme explains that a crime of violence is a crime which involves;
- A physical attack;
- Any other act (or omission) of a violent nature which causes physical injury to another person;
- A threat against a person, causing fear of immediate violence in circumstances which would cause a person of reasonable firmness to be put in fear;
- A sexual assault to which a person does not consent;
- Arson or fire-raising
What type of injuries can I make a criminal assault claim under the scheme, for?
The type of injuries that you can claim for (and what you can’t) and how much you will get for each type of injury is set out in the CICA scheme documents. It can be quite complicated to work out precisely what you can claim for.
If you have been injured as a result of a criminal assault, then why not call one of Mooneerams solicitorsCICA claims experts on 029 2048 3615? They will be able to advise you whether you have a possible claim and how much you might be expected to recover for your criminal injuries claim.
How long have I got to make a criminal injuries compensation claim?
An application must be sent off to the Authority as soon as possible after the incident and in any event, within two years of the date of the incident.
Do I have to wait until the person who caused my criminal injuries is convicted in the courts, before making a claim?
No, you don’t. Getting compensation for injuries caused by your attacker is not dependent on the person being convicted in the criminal courts. However, grounds for withholding or reducing an award include the following;
- Failing to report the assault to the police
- Failing to co-operate in bringing your assailant to justice
- Failing to assist a claims officer (such as not answering enquiries made of you during the lifetime of a claim)
- Conduct during or after the incident make it inappropriate to make an award
- If you have unspent convictions
What types of compensation might the CICA award?
- Injuries suffered as a result of the criminal act – and depending on the individual circumstances of your case;
- Loss of earning both past and future, if the injuries you suffered in the assault caused you to have time off work or even give up work altogether.
- Special expenses payments
- Bereavement expenses – to the qualifying relatives of someone who died as a direct result of a criminal injury.
- Dependency payments
- Funeral expenses
Start Your Claim!
Our criminal injuries compensation solicitors will be able to advise you on these and if and how they relate to your possible CICA claim. Just call Mooneerams on 029 2048 3615.
What is the maximum award that the CICA can make?
The maximum award that can be made to one person under the scheme as compensation for one or more injuries directly caused by the incident is £500,000.
What can I do if I am dissatisfied with the decision of the CICA?
If you disagree with a decision of the Criminal Injuries Compensation Authority then you can apply for a review of the sum awarded by the authority, if you do so within 56 days of receiving the original decision.
It may be that you disagree with the sum and want a review to reconsider the amount of award. Alternatively, if the CICA have refused to make any award, you could want to review that decision.
If you are still unhappy with the decision following review, then you can appeal. The appeal will not be heard by the CICA itself, rather it will be heard before the First Tribunal (Criminal Injuries Compensation). An appeal to the Tribunal must be made within 90 days of receiving the final CICA review.
Don’t go it alone
Some people decide to go it alone and deal with their own claims for criminal injuries compensation. They are of course entitled to do so and many do successfully recover an award.
However, those many clients that have come to Mooneerams and asked us to deal with the whole CICA claims process for them, find that using an experienced criminal injury claims solicitor, has many benefits;
- We understand the whole process
- We can advise on the types of compensation that you will be eligible for
- Our experience of dealing with CICA claims means that we can advise you whether the award that you are offered is reasonable or not, within the guidelines and tariffs of the CICA scheme.
- We can assist you to do the necessary paperwork, should you decide you want to challenge an award or make an appeal to the Tribunal if you are unhappy with a review of the award.
- We can take away all the stress of dealing with the claim. After all, you or a loved one has been involved in an incident in which they were blame free. Dealing with the aftermath of it, can be a frightening experience and bring back bad memories of the incident. Using Mooneerams to do all the work for you, means that you can concentrate on getting on with life, in the knowledge that your criminal injury claim is in good hands.
Mooneerams will be able to fund your criminal injuries compensation claim on a No Win, No Fee basis.
We’ve been helping the blameless victims of crime pursue criminal injuries claims for over 17 years. Call us now on 029 2048 3615 or alternatively you can fill in our simple contact form and we will call you straight back (or at a time that is convenient to you). Mooneerams, your local South Wales solicitors.