If you’ve been the victim of a violent crime, you might like to know more about criminal injuries compensation eligibility. In this guide, we examine the criteria that apply to claiming criminal injuries compensation. We look at who can claim. Also, we look at the time limits for filing a claim.
Criminal injuries compensation eligibility guide
In addition, we look at claiming through the Criminal Injuries Compensation Authority (CICA). This is a government-sponsored executive agency that award compensation to people who have been injured in violent crimes. In addition, we examine when it might be appropriate for you to claim directly against the person who harmed you.
It’s not a requirement for you to work with a lawyer when making a claim, but it can be very valuable to do so. We explain how to use a No Win No Fee agreement to fund legal representation in a claim for criminal injuries.
One of your questions might be, ‘how much compensation for criminal injuries could I receive?’. We look at examples of the tariffs you could be awarded from a CICA claim. In addition, we take a look at what the eligibility is to claim special expenses. We examine what costs you could recover as special expenses as well.
To discuss your criminal injuries compensation eligibility, contact our advisors using the number at the top of the screen. You can also use the live chat at the bottom-right of this page.
Choose A Section
- What Are The Criminal Injuries Compensation Eligibility Requirements?
- How Criminal Injuries Can Happen
- Proving Eligibility in a Criminal Injuries Compensation Claim
- Calculating Criminal Injuries Compensation Amounts
- Could I Claim Under A No Win No Fee Agreement?
- More Information About Criminal Injuries Compensation Eligibility
What Are The Criminal Injuries Compensation Eligibility Requirements?
If you’ve been the victim of a violent crime, you might be able to make claim through the CICA for compensation. However, you will need to check that you meet the criminal injuries compensation eligibility criteria.
As well as being injured yourself in a violent crime, you may also make a claim for compensation through the CICA if you have witnessed a loved one experiencing a violent crime that resulted in injuries or death. However, you must have been and seen the incident occur there or witnessed the immediate aftermath. Simply being told about an incident in which a loved one is injured will not entitle you to make a claim for a mental injury.
You can claim CICA compensation even if the suspect cannot be identified. However, if they can be, you might be able to file a personal injury claim instead. In order to do so, the injured party would need to also have the funds available to pay you compensation.
Our advisors could confirm your criminal injuries compensation eligibility. Get in touch today for free legal advice.
2022 Criminal Injury Statistics
The Office for National Statistics (ONS) published crime statistics for England and Wales for the year ending December 2021 statistics on 28 April 2022.
For January 2021- December 2021:
- 2,017,307 violence against the person offences were recorded.
- 183,587 sexual offences recorded, this includes 67,125 rapes
- 62,354 robbery offences recorded.
How Criminal Injuries Can Happen
You might be eligible to claim criminal injuries compensation from the CICA if you’ve been the victim of a violent crime.
You could claim for:
- Sexual offences, including rape. This could also include historic sexual abuse
- Assault, such as actual bodily harm (ABH) and grievous bodily harm (GBH)
- A threat that causes fear of immediate violence in circumstances that would cause you reasonable firmness to fear this violence.
You can claim for mental injuries caused by a crime of violence. In some cases, you may be able to claim if you witnessed, or saw the immediate aftermath of, a loved one sustain an injury in a crime of violence.
To discuss your criminal injuries compensation eligibility contact our advisors 24 hours per day, seven days per week.
Proving Eligibility In A Criminal Injuries Compensation Claim
In order to claim from the CICA or make a personal injury claim, you will be required to submit evidence. The steps you take following an injury could help strengthen your claim.
You could:
- Seek medical attention. Evidence of your injuries will be required. The CICA may arrange for you to attend a medical examination to gain knowledge of the full extent of your injuries.
- Phone the police. In order to claim through the CICA, you will need a crime reference number. The police will be contacted to find out if you are cooperating with them and whether your actions contributed to the injuries you sustained.
- Keep a record of costs. You may be able to claim for the financial impact of your injury through special expenses. You should keep a record of any costs or losses this has caused to give you the best chance of claiming these back.
We also recommend seeking legal advice if you’ve been injured as a result of a crime of violence. A solicitor may be able to help you determine whether it’s more beneficial for you to claim directly against the perpetrator or make a claim through the CICA. Speak with an advisor today to find out more.
Who is entitled to criminal injuries compensation
As a direct victim of a violent crime, you might be entitled to compensation. However, there are certain criteria that you will need to meet.
This includes:
- You must be ordinarily resident in the UK on the date the incident occurred.
- The incident must be reported to the police and you must cooperate with them in any subsequent investigation.
- Giving all required information to the CICA in connection with your claim.
Your criminal record will be considered. Any unspent criminal convictions could impact your award. If you have unspent criminal convictions, your award could be reduced or you may not receive an award at all.
How you behave before, during and after the incident will be considered. This includes considerations to whether your behaviour played a role in your injuries.
Time Limits
To make a CICA claim, you must apply within the two year time limit, unless exceptions apply. The two year time limit starts from the date of the first report to the police. If you experienced a violent crime before or on your 18th birthday, your parents could claim on your behalf. However if they don’t you will have until you turn 20 to claim once you turn 18.
You should report the incident to the police If you can show that you were prevented from reporting it right away because of exceptional circumstances, then you may be able to claim even if it was not reported immediately. You’ll be expected to explain any delay in reporting to the police.
Free legal advice is available from our advisors. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
Calculating Criminal Injuries Compensation Amounts
If you are eligible for CICA compensation, you might like to know about the criminal injuries compensation tariff. This is different to the potential compensation you could receive with a personal injury claim, which can be valued with the help of a document called the Judicial College Guidelines. Instead, the CICA has set tariffs based on the injury, which can be found in their Scheme.
Your injury must be included on the list of tariffs in order to claim. In addition, you may only claim for up to three injuries from this tariff.
You could receive:
- 100% of the full tariff for the most highly valued injury
- 30% of the tariff for the second highest or equally valued injury
- 15% for the third highest or equally valued injury
An additional tariff can be claimed if you became pregnant, lost a foetus or contracted a sexually transmitted infection as a result of the incident. These injuries will not be subject to the formula above.
You may also be entitled to recover special expenses, which we detail further below.
Criminal injuries compensation calculator
We’ve included the following table with examples from the tariff of injuries found in the Criminal Injuries Compensation Scheme.
[table id=15 /]
Special expenses
You might be able to recover costs incurred due to your injury under special expenses. The injury must be serious enough to prevent you from working or upset your earning capacity for more than 28 weeks in order to claim special expenses. Loss of earnings can only be paid from week 29. However, anything else you recover will be paid from the date of the injury. The expense must be necessary and the cost reasonable, and the item or service cannot be available for free elsewhere.
Special expenses can only be paid for certain costs. These include:
- Physical aids damaged in the violent act, such as eyeglasses.
- Special equipment, such as an adapted vehicle.
- Home adaptations, such as a wheelchair ramp.
- Care costs, including home help.
Speak to our advisors about what you could claim under special expenses. They could also discuss your criminal injuries compensation eligibility.
Could I Claim Under A No Win No Fee Agreement?
You might find claiming through the CICA easier with a solicitor. A solicitor could help organise your evidence. Hiring a solicitor can be expensive if they require upfront and ongoing fees in order to do so. However, with a No Win No Fee lawyer, you can have legal representation with a minimised financial risk.
A Conditional Fee Agreement (CFA) is a popular kind of No Win No Fee agreement. This means that you won’t pay an upfront solicitors’ fee in order for your lawyer to work on your claim. Also you won’t pay if your case is unsuccessful. Instead, a success fee is taken from the awards of successful claims, which is legally capped.
Ask Us About Criminal Injuries Compensation Eligibility
Our advisors can offer free legal advice. They can look at your criminal injuries compensation eligibility and whether you have the evidence required to support a CICA claim. If your claim seems eligible, you could be connected with one of the solicitors from our panel. Call us on the number at the top of the page to find out more.
More Information About Criminal Injuries Compensation Eligibility
You might find the following links helpful:
- NHS First Aid Guide
- Crown Prosecution Services- Offences against the person
- Mental Health Services from the NHS
If you have any more questions about criminal injuries compensation eligibility, please get in touch.
Writer Danielle Brisk
Publisher Fern Smithers
