How to make a criminal injury claim.
As a victim of a criminal act you may have the right to seek compensation if you have been left injured or hurt following a violent crime.
Compensation for criminal injuries comes from a government body known as the Criminal Injuries Compensation Authority (CICA) who operate a scheme to compensate blameless victims of crime in the UK.
Unlike in personal injury claims where you claim against an individual, a company or their insurer, criminal injury compensation is paid from the CICA fund so the person who committed the crime does not need to have been caught, charged or have assets. Parliament defines the rules of the compensation scheme along with the value of any payment that may be awarded. The compensation is calculated by referring to a published tariff of injury types.
Compensation for criminal injuries comes from a government body known as the Criminal Injuries Compensation Authority (CICA) who operate a scheme to compensate blameless victims of crime in the UK.
Unlike in personal injury claims where you claim against an individual, a company or their insurer, criminal injury compensation is paid from the CICA fund so the person who committed the crime does not need to have been caught, charged or have assets. Parliament defines the rules of the compensation scheme along with the value of any payment that may be awarded. The compensation is calculated by referring to a published tariff of injury types.
Example CICA Compensation Amounts
Common physical injury compensation award by the CICA- Serious disfigurement of the Face - £11,000
- Skull fracture requiring operation - £3,500
- Loss of one front tooth - £1,500
- Significant scar disfigurement - £1,000
What can a criminal injury claim include?
Compensation is awarded for physical and mental pain along with any suffering which you have endured following a crime of violence. This amount is determined by a set CICA tariff of injuries with the compensation award reflecting the seriousness of the injury.
Loss of earnings can also be claimed if you have been unable to work as a direct result of your injury. If you have been unable to work for over 28 weeks there may be further special expenses that can be claimed.
Loss of earnings can also be claimed if you have been unable to work as a direct result of your injury. If you have been unable to work for over 28 weeks there may be further special expenses that can be claimed.
How do I know if I am eligible for criminal injury compensation?
The government has a detailed set of criteria for who is entitled to claim under the Criminal Injuries Compensation Scheme, but as a general rule you can make a CICA compensation claim if you:
You may also be eligible to claim an award if you sustained a criminal injury when taking an exceptional and justified risk to apprehend a suspected offender, prevent a crime, contain or remedy the consequences of a crime, or assist a constable who is trying to do any of the above.
Exceptions under the CICA scheme
The Criminal Injuries Compensation Authority set out some exceptions which may effect your eligibility to claim. So you may not be eligible to claim compensation if:
Do you need a solicitor for a CICA claim?
In straightforward claims you may not need to involve a lawyer as the criminal injury compensation application form can be completed online by yourself if you are confident in researching the process and entering the relevant details.
The process of claiming for CICA compensation involves detailing your injuries, damages and future losses. Often an injury solicitor will be better placed to document this accurately to ensure you don't miss out on anything that can be claimed. Also if your injuries are of a serious nature, you have ongoing medical problems or substantial financial losses it may be wise to instruct a solicitor to ensure these are all fully considered as part of your application.
However the CICA do not pay legal costs, so if you decide to instruct a solicitor you will have to pay the solicitor's legal fees which will vary between law firms. The Law Society's Find a Solicitor page can assist you in locating a suitable criminal injuries lawyer.
The process of claiming for CICA compensation involves detailing your injuries, damages and future losses. Often an injury solicitor will be better placed to document this accurately to ensure you don't miss out on anything that can be claimed. Also if your injuries are of a serious nature, you have ongoing medical problems or substantial financial losses it may be wise to instruct a solicitor to ensure these are all fully considered as part of your application.
However the CICA do not pay legal costs, so if you decide to instruct a solicitor you will have to pay the solicitor's legal fees which will vary between law firms. The Law Society's Find a Solicitor page can assist you in locating a suitable criminal injuries lawyer.
What can you claim for?
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The Criminal Injuries Compensation Authority may consider compensation claims for the following:
To obtain an award you must be eligible to apply under the scheme. |
A guide to the Criminal Injuries Compensation Scheme from Gov.uk
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CICA Claim Time Limits.
You must make an application under the scheme as soon as it is practicable to do so. If you were an adult at the time of the incident this should normally not be later than two years after it occurred. If you were under 18 it is still best to apply as soon as possible but if the incident was reported to the police before you were 18 it is possible to submit a claim until the date of your 20th birthday.
In exceptional circumstances a claims officer considering the application may extend the time limit.
In exceptional circumstances a claims officer considering the application may extend the time limit.
Making your CICA Application.
The application must be made on the CICA form which is available online. The Ministry of Justice provide a comprehensive guide to completing the application for criminal injuries compensation which you should read and refer to when completing the form.
It is your responsibility to provide them with the evidence to prove your claim. You will need the police unique crime reference and the contact details of where you received treatment. The CICA will seek confirmation from the police that the incident was reported to them, that your behaviour didn't contribute to the crime or incident and that you have co-operated with the police.
You will have to provide medical evidence in support of your injury, which may cost up to £50.00 and you will have to pay this fee yourself.
If the CICA offer you an award which you wish to accept, written notice of acceptance must be sent to the CICA within 56 days after the date of the decision to make an award. The award will normally be paid in a lump sum so you may wish to gain financial advice if the sum is large or a regular income is required.
It is your responsibility to provide them with the evidence to prove your claim. You will need the police unique crime reference and the contact details of where you received treatment. The CICA will seek confirmation from the police that the incident was reported to them, that your behaviour didn't contribute to the crime or incident and that you have co-operated with the police.
You will have to provide medical evidence in support of your injury, which may cost up to £50.00 and you will have to pay this fee yourself.
If the CICA offer you an award which you wish to accept, written notice of acceptance must be sent to the CICA within 56 days after the date of the decision to make an award. The award will normally be paid in a lump sum so you may wish to gain financial advice if the sum is large or a regular income is required.
CICA Review and Appeal.
If you are dissatisfied with the decision that has been made by the authority it is possible to ask for the decision to be reviewed.
If you remain dissatisfied after the review you may appeal to the CICA Tribunal as long as 90 days have not passed since the review decision. You can represent yourself at the tribunal or you may want to get advice and assistance from a solicitor.
If you remain dissatisfied after the review you may appeal to the CICA Tribunal as long as 90 days have not passed since the review decision. You can represent yourself at the tribunal or you may want to get advice and assistance from a solicitor.
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