Making a claim on the criminal injuries compensation fund

The Criminal Injuries Compensation Authority (the “CICA”) provides a completely free service to victims of violent crime. It knows that it cannot fully compensate them, but it can recognise their suffering and give them some financial support that may help them move on.

As the service is completely free you may wonder why you need to involve a solicitor at all and it is true that in very many straight forward cases you don't. The application process itself is quite straightforward and the CICA will make its own enquiries, based on the information you give in the application form, including contacting the police, your GP and your employer if appropriate. It will then decide if you are eligible for an award and, if you meet the criteria, decide how much compensation you should receive, based on the information it has obtained and by reference to an Injuries Tariff, up to a maximum of £500,000.00. If you want to "go it alone" you can obtain full details of the CICA and the current compensation scheme, including application forms at http://www.cica.gov.uk/.

Sadly, however, not all injuries are straightforward and not all those injured are able to understand the scheme, deal with the paperwork or get the full amount of compensation to which they are entitled without specialist legal help. A baby with severe brain damage from a non-accidental "shaking" injury or an adult survivor of childhood abuse cannot or may not want to "go it alone".

This is where the specialist compensation solicitors at Bolt Burdon Kemp can help. We will:

  • Obtain all the information needed to complete the application form 
  • Obtain any evidence needed in support of the application including interviewing witnesses and obtaining witness statements
  • Instruct independent medical experts (ie, not your treating doctor who may not be critical of his or her own treatment or unduly optimistic about the outcome) 
  • Instruct and co-ordinate other experts, such as care, occupational therapy or accommodation experts
  • Obtain information in support of a claim for loss of earnings
  • Obtain evidence to persuade the CICA to extend the 2 year time limit
  • Advise you on the interplay between state benefits available and their impact on the amount of compensation that may be awarded 
  • Prepare submissions in support of your application 
  • Apply for a review and/or appeal the CICA decision 
  • Liaise with the Court of Protection and Office of the Public Guardian 
  • Advise you on the form of the award and any terms imposed by the CICA

Criteria

For your CICA application to succeed you must prove that:

  • You have been injured seriously enough to qualify for at least the minimum compensation award (£1,000).
  • You were injured in an act of violence in England, Scotland or Wales. An offender does not necessarily have to have been convicted of, or even charged with that crime. 
  • You have made your application within two years of the incident that caused your injury. (The CICA might accept applications outside this limit if in your particular case it wasn't reasonable for an application form to have been submitted within two years of the incident and there would still be enough evidence for the CICA to consider.) 
  • You (or someone on your behalf) reported to the police or other authority without delay. 
  • You have co-operated with any prosecution which arose as a result.

You will not be eligible if: 

  • you were injured before 1 August 1964 
  • you have already applied for compensation for the same criminal injury, under the 2008 Scheme or under any earlier Scheme operating in England, Scotland and Wales 
  • the injury happened before 1 October 1979 and you and the person who injured you were living together at the time as members of the same family in the same household 
  • the injury and the act of violence took place outside England, Scotland or Wales

The CICA may also refuse or reduce an award because of:

  • your behaviour before, during or after the incident in which you were injured
  • your criminal record
  • your failure to co-operate with the police or with us
  • your delay in informing the police or other organisation or person of the incident

For free advice, contact Bolt Burdon Kemp’s expert personal injury solicitors and let us assess your claim online.

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