Mown Down Running Away From Assailants
Criminal Injuries Compensation & CICA Claims.
A Criminal Injury Compensation Claim is a vital process for victims of violent crimes.
Many people don’t realise that if they have been injured after a criminal incident they could be able to make a claim with CICA.
The specialist personal injury claims solicitors in the team here at Lanyon Bowdler can help you claim the compensation you are entitled to, even if the assailant has yet to be identified. The financial compensation can be used to help pay for rehabilitation and medical fees, along with covering any loss of earnings that followed the incident.
We are proud of our reputation for down-to-earth yet professional legal advice, and our solicitors would be happy to chat with you on the phone, or at a free consultation.
Can I make a Criminal Injury Claim?
Thankfully, the risk of being the victim of a crime has fallen steadily in the UK over recent years, falling by over 60% since its peak in 1995. But when a violent crime does occur, it is always a distressing and traumatic time for the victim.
The Criminal Injuries Compensation Authority (CICA) was established to compensate people who have suffered serious criminal injuries – even if the person responsible has not been found. The following conditions need to be met to be able to make a claim in this way:
- The incident must have taken place in England or Wales.
- The injuries must be serious enough to qualify for the minimum award of £1,000.
- The claim must be made within two years of the original incident (although there are exceptions to this).
If you are not sure whether your case meets these criteria, the best thing to do is to get in touch with our No Win No Fee Solicitors to talk it through. If the crime happened abroad, you may be eligible under a scheme of the country where the crime occurred.
Our Criminal Injury Claims Expertise
At Lanyon Bowdler, we have years of experience specialising in criminal injury claims. Get in touch today and we would be more than happy to help.
The CICA compensation scheme was established to support innocent victims who have suffered serious criminal injuries, both physical and psychological.
The legal professionals here at Lanyon Bowdler can provide you with specialist assistance.
- We can help you complete the criminal injury compensation claim application form and can then correspond with the CICA on your behalf, ensuring your claim is dealt with quickly and efficiently.
- We can advise you on the progress of your claim at every stage of the process
- We can review the CICA’s initial decision to make sure you receive the correct amount of financial compensation.
- We will also ensure the CICA has all the relevant information so you are fully compensated for your injuries, as well as any loss of earnings, rehabilitation and medical costs.
We have a dedicated Court of Protection Team, who can assist if you need to set up a Personal Injury Trust in relation to any award the CICA have made, or are proposing to make.
In some circumstances the CICA will require you to have a Professional Trustee, or it may simply be that you would prefer to have a Professional Trustee, and we do also offer a Personal Trustee service for the ongoing administration of your Personal Injury Trust, should it be required.
Your Criminal Injury Claim questions answered
The CICA can award compensation ranging from £1,000 to £500,000.
The award you can receive for your criminal injury is calculated based on the CICA tariff, which accounts for both physical and psychological distress caused by the event. You may claim for up to 3 injuries caused by the same incident, with compensation awarded as follows:
- 100% of the value of the highest valued injury
- 30% of the value of the second highest valued injury, or a second injury of equal value to the first.
- 15% of the value of the third highest valued injury, or additional injury of equal value to the second.
Additional compensation can be awarded for Special Damages, which include all expenses and losses you have incurred as a result of your injury. This includes medical expenses, loss of earnings, and costs of adaptations to home and vehicles amongst others.
You may also claim Bereavement Payments for the loss of a loved one following a criminal injury, which is valued at £11,000.
If you have gone through the process of claiming compensation for a criminal injury with CICA and feel like your claim has been undervalued, there are ways to contest the decision.
The first step to take involves applying for a review of your case. You may then begin an appeal if you feel like CICA has undervalued your claim because of an incorrect application of the law or misunderstanding of the facts of the case.
It is important to note that you cannot appeal a CICA decision on the sole basis that you are unhappy with the amount of compensation you have been awarded. You must prove a fundamental error in the application of the law.
The time limit to apply for an appeal with CICA is 90 days from the receipt of the review decision letter. You may be able to extend this time limit for reasons such as the need for additional medical reports.
Appeals for CICA decisions are made through the First-Tier Tribunal, which is a separate, independent entity to CICA. They will only look into the CICA’s application of the law, to ensure it is correct and fair.
You may, after the application, receive a response from the CICA to which you must respond within one month. The Tribunal will review your application and the responses, and set a hearing with a Judge if they believe you have a reasonable case.
The Criminal Injury Compensation Scheme 2012 defines the term Crime of Violence in Annex B. This is considered any crime that involves:
- A physical attack
- Any violent act causing physical injury to a person
- Threat of immediate physical violence
- Sexual assault
- Arson
Other circumstances may bring an act to be considered a crime of violence, and some exceptions may apply to cases that would otherwise be considered violent crimes (such as injuries caused by vehicles or animals).
Some applications for Criminal Injury Compensation may be affected, or rejected entirely, on the basis of the conduct of the applicant. This is particularly important for those with previous criminal convictions which are considered unspent at the time of application. For example:
- If the applicant has received a prison sentence of up to 6 months, they will need to wait 2 years from the end of the sentence.
- If the applicant has received a Community Order, they may make an application to CICA 12 months after the end of the Order.
Other restrictions apply for different types of criminal convictions.
Unlike other types of personal injury claims, the general time limit for Criminal Injury Compensation Claims is 2 years from the date of the criminal incident, however some exceptions may apply for injuries that are only found or fully diagnosed at a later date, or if the application could not have reasonably been made earlier.
People under the age of 18 or those lacking mental capacity may begin the compensation process for 2 years after they cease to be considered within their definition.
What our clients say.
Contact Lanyon Bowdler Solicitors
If you are looking to claim compensation for a criminal injury, contact Lanyon Bowdler today.
Our personal injury lawyers are national leaders in this area of law, as highlighted by our consistent presence in the Legal 500 and Chambers UK recommendations.
We often assist claimants through the process of getting compensation for their injury on a No Win No Fee basis, meaning you run no financial risk when you pursue compensation with us.
Give us a call or complete our online enquiry form, to see how we can help. We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands.
Remember: If you have suffered because of a violent crime it is important that you report it to the Police as soon as possible, and co-operate with them in order to bring the offender to justice.
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