If you have been injured in an act of crime and required medical care for the trauma you sustained, then we can help. The Police, Court and penal system may arrest and prosecute the offender of the crime in question but they will not make sure you get adequate compensation. For this type of injury it is not claimed from insurance companies but from the Criminal Injuries Compensation Authority (part of the Department of Justice), who can cover you for the loss of your salary and pay if you needed time off work. We can take the strain off you by filling in application forms for your case, meaning you can focus on recovering from the damage that the criminal injury has caused you.
Criminal injuries are compensated for by the Criminal Injuries Compensation Authority (CICA). Here atAshley Ainsworth we can help you with the steps of making a successful claim for criminal compensationto the CICA, ensuring you get the full amount you are entitled to. For victims of violent crimes, criminal assault compensation is available.
Compensation for criminal injuries is different to most other personal injury claims. In P.I cases the 3rd party insurers will usually agree to pay an amount after deliberation with the personal injury solicitor. However, the CICA awards are far more black and white and the level of your award is determined exactly by what injuries you have suffered. There are 25 levels of compensation award, ranging from a minimum of £1000 to a maximum of £500,000.
See the answer to common CICA questions here.
It is also important to note that criminal compensation can only be awarded if the incident has happened within the UK, i.e. in England, Scotland or Wales. You have to be injured as the result of a crime taking place e.g. by physical assault, theft or even accidentally as an assailant is fleeing the scene of a crime.
Criminal Compensation Claim Eligibility
There are a number of factors that determine whether your claim is eligible to make to the CICA. Some of these include:
- You must have suffered physical/mental injuries as a result of the attack
- The attack must have taken place in England, Scotland or Wales
- The injuries sustained must have been serious enough to qualify for the minimum £1000 award
- You must have received medical attention for your injuries and have this documented
- The incident must be reported to the police within 48 hours of it happening
- Your application to the CICA must be made within 2 years of the incident
Criminal injury compensation is based on a tariff system with money being awarded for the specific injury sustained. If more than one injury is caused in the incident, only the three most serious injuries will be compensated for. Even here, only the very most serious injury will be fully compensated, with the second most receiving 30% of the injury tariff value, and the 3rd receiving 15%.
Can anyone claim criminal injury compensation from the CICA?
There are a number of factors that could see your claim for criminal compensation refused. These include:
- Applying for the same injuries twice
- The incident took place outside of the UK (England, Scotland or Wales)
- Your behaviour provoked the incident
- You hold a violent criminal record
- You have failed to co-operate with police enquiries
- You delayed informing the police
- You did not seek medical attention following the incident
Furthermore, some injuries will not even qualify for criminal injury compensation as they fall under the minimum £1000 threshold. For example, a bruised nose sustained through assault would not be legible for a claim. However, if the nose was broken it would qualify under the £1000 tariff.
Making a Criminal Injury Compensation Claim
Criminal injury compensation claims made to the CICA can be done so independently. All of the forms you need to make a claim are available on their website and therefore, if you do not wish to do so, you do not need to involve a personal injury solicitor.
However, at Ashley Ainsworth we strongly recommend that you consider using a solicitor to help you make you criminal compensation claim. This is because they will have years of experience helping others claim for their injuries after a criminal assault. They will also know exactly what to put down on the CICA forms to increase your likelihood of eventual success.
By contacting us we can provide you with a specialised criminal compensation solicitor. They will take on your case in full and will look after it until its conclusion. Most solicitors differ, but because legal fees are not paid for by the CICA, they are likely take a cut of your eventual compensation. This is normally calculated as a percentage of your settlement amount. However, the compensation you are awarded is likely to be far higher with a solicitors help, as is your likelihood of winning.
For further information regarding you criminal injury compensation claim Contact our team today.