Criminal injuries compensation
Criminal injuries can be sensitive matters. Victims of criminal assault often find it difficult to talk about the experience that they have gone through.
At Mooneerams, our specialist criminal injury solicitors have years of experience of helping the victims of violent crime. We’ve helped them recover many thousands of pounds worth of criminal injury compensation from the Criminal Injuries Compensation Authority.
If you have been injured as a result of violent crime in England, Scotland or Wales, you can apply for compensation. This claim is made to a government organisation, known as the Criminal Injuries Compensation Authority (CICA).
This type of compensation claim was previously referred to as ‘CICB claims’ or ‘Criminal Injuries Compensation Board Claims.’
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. 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 an injury as a direct result of a crime of violence being committed against them.
The Criminal Injuries Compensation scheme document 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 CLAIM FOR?
The CICA scheme document sets out the type of injury that can be claimed for. Nevertheless, it can be quite complicated to work out precisely what you can claim for. Call one of Mooneerams criminal injury solicitors. They will be only too pleased to help you.
If you need advice about what you can claim for, why not call one of Mooneerams solicitors CICA claims experts on 029 2048 3615? They will be able to advise you whether you have a possible claim and how much compensation you might be expected to get.
HOW LONG HAVE I GOT TO MAKE A CRIMINAL INJURIES COMPENSATION CLAIM?
An application should be sent off to the CICA as soon as possible after the incident. In any event, it must be started within two years.
Our advice – get your claim on the go as soon after the incident, as possible. It can take well over a year before you will get an offer. The sooner the paperwork has been completed and sent off, the sooner the claim will be settled.
DOES THE PERSON WHO CAUSED MY CRIMINAL INJURIES HAVE TO BE CONVICTED BEFORE I CAN CLAIM?
No. Getting compensation for the injuries caused by your attacker is not dependent on the person being convicted in the criminal courts.
CAN THE CICA DECIDE TO WITHHOLD PAYMENT FROM ME BECAUSE OF MY PAST CONVICTIONS?
Yes, in certain circumstances, they can. 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)
- If your 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. ‘Injuries’, include psychological injuries other than temporary mental anxiety and other similar temporary conditions.
- Loss of earnings (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
Do you need to discuss any matters relating to criminal injury claims further? Just call us in confidence, at Mooneerams on 029 2048 3615.
HOW MUCH IS MY CRIMINAL INJURIES COMPENSATION CLAIM WORTH?
The Criminal Injuries Scheme guidelines contain a tariff of the amount of compensation for each type of injury.
In a civil personal injury claim, it may be possible to negotiate the amount of compensation with the other drivers’ insurance company. That isn’t the case with criminal injury claims.
The CICA have set tariffs for each type of injury for which they will pay compensation. There are different set tariffs depending on the degree of severity of the injury.
When someone gets multiple types of injury from a criminal assault, it is possible to claim compensation for more than just the one injury. However, the amounts for the second and third injury in terms of severity will be reduced by a certain percentage.
The criminal injury tariffs of compensation can look very daunting. That’s because every conceivable type of criminal injury is listed together with all the different severities of those injuries.
If you’ve been injured in a criminal assault, why not let our specialist criminal injury lawyers help? Whether you’ve been physically or mentally injured as a result of criminal violence, let our experienced and helpful CICA claims team help you. Call Mooneerams on 029 2048 3615 or send your details by using the contact form on this page. We’ll call you back.
WHAT IS THE MAXIMUM AWARD THAT THE CICA CAN MAKE?
The maximum award that can be made to one person under the scheme, is £500,000.
WHAT CAN I DO IF I AM DISSATISFIED WITH THE DECISION OF THE CICA?
You can apply for a review of the sum awarded by the CICA if you disagree with the CICA’s decision. You must make the application 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.
CAN YOU DEAL WITH MY CICA CLAIM?
Yes, we can. Mooneerams have helped many criminal injury victims to secure the maximum compensation possible.
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.
WHY SHOULD I USE MOONEERAMS SOLICITORS TO HELP ME WITH MY CICA CLAIM?
- We understand the whole process
- We can advise on the types of compensation that you will be eligible for
- Mooneerams have extensive experience in dealing with CICA claims. We can do the whole claim for you, from start to finish.
- We’ll 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 of the CICA.
- We can take away all the stress of dealing with the claim. After all, you or a loved one has been subject to a criminal assault and sustained injuries. Dealing with the aftermath of it can be a frightening experience and cause you unnecessary stress.
- Allow Mooneerams to do all the work for you. That means that you can concentrate on getting on with life, in the knowledge that your criminal injury claim is in good hands.
DO YOU TAKE ON NO WIN NO FEE CRIMINAL INJURY CLAIMS?
Yes. Mooneerams will be able to fund your criminal injuries compensation claim on a No Win, No Fee basis. This means that if your claim is unsuccessful, there will be nothing to pay us or anyone else. We’ll ask you to enter into a Conditional Fee Agreement (CFA). This is what many people call a No Win, No fee agreement.
We’ve been helping the blameless victims of crime pursue criminal injuries claims for over 17 years. Call us now on 029 2048 3615. Alternatively, you can fill in our simple contact form and we will call you straight back (or at a time that is convenient for you). Mooneerams – we are your local South Wales criminal injuries claims solicitors.