How Long Does A Criminal Injury Claim Take?

Have you been asking, ‘how long does a criminal injury claim take?’ This guide will explain the eligibility criteria that must be met and the steps you could take to claim compensation after suffering an injury due to a crime of violence.  

How long does a criminal injury claim take

How long does a criminal injury claim take? A guide

The amount of time a criminal injury claim takes to complete is impacted by how you choose to claim; there are generally three ways to go about this. Firstly, if applicable, you could claim against a vicariously liable party, such as an organisation that breached its duty of care, resulting in a violent crime. Secondly, you could make a claim directly against the perpetrator. To do this, you need to know the person’s identity, and they must have the available funds to pay you.

Thirdly, you can claim through the Criminal Injuries Compensation Authority (CICA), which provides a government scheme to compensate people injured by violent crimes in Great Britain. They deal with over 30,000 claims every year.  

Read on to learn more about the process of claiming compensation for crimes of violence. Additionally, you can contact our team of advisors to make an enquiry.

Upon the assessment of a valid claim, they could connect you with one of the criminal injury solicitors from our panel. Although, you will not be placed under any obligation to further your claim with us just because you got in touch. 

To get in touch, please do one of the following:

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  1. How Long Does A Criminal Injury Claim Take?
  2. Examples Of Criminal Injuries
  3. How To Prove A Criminal Injury Claim
  4. Calculating Criminal Accident Compensation
  5. How Can I Get A No Win No Fee Agreement?
  6. More Information – How Long Does A Criminal Injury Claim Take?

How Long Does A Criminal Injury Claim Take?

When considering the timeframe for a criminal injury claim, you must ensure that you meet the eligibility to start the process. The CICA outlines their criteria for eligibility, which includes: 

  • A crime of violence must have caused you harm.
  • The incident must have happened in England, Scotland, Wales or another relevant place.  
  • You must have reported the incident to the police. If you have not, you will not be able to claim.
  • Also, you must submit your application within the relevant time periods specified by the CICA. Adults generally have a two-year time limit from the date they report the incident to the police, which you are expected to do immediately unless exceptional circumstances prevent you from doing so. It is advisable to begin making a claim as soon as possible; you do not need to wait for the conclusion of any criminal proceedings if there are any.  

It is important to note that the time limit for a criminal injury claim could be extended where exceptional circumstances prevented the application from being submitted earlier, and the evidence provided allows a decision to be made without more extensive enquiries being made by a claims officer.

Contact our team of advisors to ask, ‘how long does a criminal injury claim take?’ As each case is determined by its unique details, they could help you find an answer relevant to your circumstances.    

Criminal Injury Statistics For 2022

The CICA annual report and accounts for the year 2021-2022 states that:

  • 34,925 new applications were received.
  • 30,973 of these applications were resolved. 
  • 39,196 was the size of the total live tariff caseload. 
  • 58.60% of their caseload is under 12 months old.
  • 19.92% of their caseload has been ongoing for 1-2 years. 
  • 11.77% of their caseload has been ongoing for 2-3 years. 

This shows there is no one correct answer to the question, ‘how long does a criminal injury claim take?’. Instead, the length of time it takes your claim to resolve can depend on a number of circumstances. 

Examples Of Criminal Injuries

Various types of criminal violence can cause injury, for which you could claim compensation. Some of these include:

  • Common assault – When someone recklessly or intentionally causes you to suffer immediate unlawful violence. This doesn’t always require actual physical harm; someone could be found guilty of assault if they aimed a punch that did not land, for example.
  • Actual bodily harm – When someone causes you to sustain bodily harm, which is more than trifling or transient.
  • Grievous bodily harm – Someone causes you really serious bodily harm. This covers severe violent acts, such as stabbing with a knife. 
  • Sexual offences, including sexual abuse and rape.

Also included in the definition of a crime of violence according to the scheme are arson and threats, provided that the person being threatened has reasonable firmness to experience such fear. In some cases, you might also be able to claim if you witnessed a loved one being injured in a crime of violence.

Contact our team of advisors to check if you’re eligible to apply for criminal injuries compensation. 

How To Prove A Criminal Injury Claim

If you are making a claim for a criminal injury through the CICA, you will need to provide the following evidence: 

  • Proof that you meet the residency requirements.
  • Your crime reference number, which shows that you reported the crime to the police.
  • Medical evidence and evidence of special expenses.

The CICA would liaise with the police for any additional evidence they require. This could include information such as proof of the crime, whether you have a criminal record, and whether you behaved compliantly during the investigation.    

Speak to a member of our team if you’re still wondering, ‘how long does a criminal injury claim take?’

Calculating Criminal Accident Compensation

When claiming through the CICA, there are two potential heads of claim. These are: 

  • Payments for your injuries – This compensates you for the physical and psychological pain and suffering caused by a crime of violence. 
  • Special expenses – This covers certain costs caused by your injury. Special expenses must be necessary, reasonably priced and not available for free elsewhere. Some expenses you may be able to claim reimbursement for include care or treatment not covered by the NHS, housing alterations, and special equipment you require because of your injury. You must provide evidence such as invoices or bank records to claim special expenses. 

In order to claim special expenses, you must show that you lost earnings or earning capacity for more than 28 weeks. Loss of earnings will be paid from the 29th week, and all other special expenses will be backdates 

In the table below, we have used the CICA tariff of injuries to show examples of criminal injuries compensation amounts. 

[table id=22 /]

It is important to note that the CICA can award compensation for up to three injuries. This affects the amount awarded in the following ways:

  • 100% of the tariff amount for the injury that has the highest value 
  • 30% of the tariff amount for the injury with equal or second highest value
  • 15% of the tariff amount for the injury with equal or third highest value

There are instances where you could receive an additional tariff payment if you have contracted a sexually transmitted disease, become pregnant, or lost a foetus due to the violent crime. These will not be subject to the multiple injury formula mentioned above. 

To learn more about the amount of compensation for a criminal injury that you could receive, speak to a member of our team. 

How Can I Get A No Win No Fee Agreement?

Although it is not a legal requirement, opting to use a No Win No Fee criminal injury solicitor under a Conditional Fee Agreement (CFA) could benefit your claim. You can receive expert legal advice without the risk of paying fees to your lawyer without the guarantee of compensation. 

A No Win No Fee agreement eliminates upfront or ongoing payments for your solicitor’s services. In the event of an unsuccessful claim, you do not pay for their services. 

On the other hand, if your claim is successful, your solicitor will deduct a ‘success fee’, which is a small percentage of the compensation. The law caps this percentage, meaning your solicitor cannot overcharge you.

Please contact our team to find out whether your claim could be eligible to connect you with one of the No Win No Fee criminal injury solicitors from our panel. 

Ask Us “How Long Does A Criminal Injury Claim Take?”

If you would like to ask one of our advisors, ‘how long does a criminal injury claim take?’ Don’t hesitate to get in touch with us to discuss the details of your claim. Our advisors offer free and confidential advice to help you. 

To speak to our team, you can:

More Information – How Long Does A Criminal Injury Claim Take?

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Thank you for reading this guide. We hope that we have answered your question, ‘how long does a criminal injury claim take?’.

Writer Jess Oisin

Publisher Fern Smithers