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Mis-sold Pension Claims Guide – How To Claim For Mis sold Pension Compensation? Have You Been Scammed out of Your Pension?

Mis-sold Pension Claims Guide – How To Claim For Mis sold Pension Compensation? Have You Been Scammed out of Your Pension?

Mis Sold Pensions Claims Guide Mis Sold Pensions Claims Guide

If you were mis-sold a pension, you should talk to a legal expert because even though the Financial Conduct Authority – FCA – requires that financial advisors offer suitable products to clients, pensions often get mis-sold.

Should this be the case, you could be entitled to claim mis-sold pension compensation and to find out more, please click on the links below:

Can I Claim Compensation For a Mis-sold Pension?

If you were mis-sold a pension by a financial institution whether a bank or independent financial adviser and it is found that you were offered misguided information which resulted in you being sold a wrong pension, the parties who sold you the package could receive hefty penalties.

There are stringent regulations and rules that financial services must adhere to when selling you a pension which includes the following:

  • That all the correct information relating to your needs is collected from you
  • That you are provided with all the options that may be available to you

This information pertaining to your circumstances should include the following:

  • Details relating to your health both current and historic. A medical report must be assessed which would be a key part of a process of selecting the right pension package for you
  • A financial adviser must ensure that you are given all the correct information so it allows you to come to the right decision when choosing a pension package
  • Should a package pose an especially risky investment, a financial adviser must warn you. Examples being when transferring a pension into a SIPP or SSAS, or carbon credits or investments into projects that involve property syndicates
  • You must be provided with a range of pension package options – a financial adviser must not influence you in any way when it comes to choosing a pension which could benefit them financially

The FCA code of practice for financial advisers is strict and if you are mis-sold a pension, you should contact a legal expert who would assess your case before offering essential advice on how best to proceed if they feel that your claim is strong enough to be successful.

The Definition of a Pension

A pension is intended to ensure that when you retire, you are able to live a comfortable life without financial stress. Most people contribute to a pension fund throughout their working life and when they change jobs, the fund is transferred to their employers. Should a pension or a pension transfer be mis-sold, it can negatively impact your pension fund when you do retire. You may even find that you have lost hundreds if not thousands of pounds because of a mis-sold pension.

What are Pension Annuities?

Pension annuities are different from “pensions” which are accrued over the period of your working life when you make small payments into a pot on  a regular basis. When you retire, the pension pot that you accrued over a number of years pays out an amount of money every year for you to live on.

However, when it comes to pension annuities, you buy them for a lump sum of money when you are about to retire. The annuity then pays out an annual payment every year until you die.

Would My Claim for Mis-sold Pension be Valid?

For a mis-sold pension compensation claim to be valid, you would need to provide sufficient evidence that you were given an incorrect pension or annuity by a financial adviser. Examples of mis-sold pensions include the following:

  • Pensions that were transferred to a SIPP – Self-invested Personal Pension Plan
  • Pensions or annuities that involved investments in risky projects involving properties whether in the UK or abroad, storage pods, car park schemes or carbon credits
  • You were offered incorrect advice to transfer your money out of a company’s pension scheme into a private one but a company scheme would have offered you a better financial return
  • You were pressured into making a decision without having been provided with a full range of product options and the advisor failed to provide full disclosure of any pitfalls and benefits each would have provided you with

If you believe you were mis-sold your pension, you should contact a legal expert who would determine whether this is so and if you would be eligible to file a compensation claim.

The Definition of Mis-sold Pension Annuities

It is your right to be able to evaluate as many pension annuity packages as you want with an end goal being able to choose the one that is best suited to your own specific needs. You should not be limited to just the annuity schemes that a single financial adviser’s company has to offer. Being able to shop around for the right pension annuity allows you to find one that could offer you a much better financial return during your retirement. It is a legal requirement for a pension firm to let you know that this is an option when you are searching for a pension annuity.

Mis Sold Pensions Claims Guide Mis Sold Pensions Claims Guide

A firm that sells pension annuities must also let you know if you were be entitled to any sort of “enhanced annuity” and if they fail to do so, you may be able to file a mis-sold pension annuity compensation claim against them.

Was My Pension or My Pension Annuity Mis-sold?

There is a checklist that you can refer to when evaluating whether you were mis-sold either a pension or a pension annuity. If any of the following apply to you, then you may be able to file a mis-sold pension or pension annuity compensation claim:

  • A financial adviser did not request any information regarding your health and a medical condition you suffered from when you bought a pension or annuity from them
  • You were sold a pension or annuity that was not suitable to your needs
  • A financial adviser need not ask you any questions regarding your lifestyle, habits and whether you smoked or details of your alcohol consumption prior to you purchasing a pension or annuity from them
  • A financial adviser did not inform you of any other pensions or annuities other than those they offered you which could have produced a better financial return
  • You were advised to transfer a pension into a SIPP – Self-invested Personal Pension Plan
  • The scheme you were advised to use involved investing your pension or annuity in risky projects involving property syndicates, green oil, carbon credits or ethical forests etc
  • The financial adviser offered assistance in transferring your company pension into a private scheme but the company pension scheme would have provided better financial returns during your retirement
  • You receive less money from a pension or an annuity than the payments you made into it
  • You were pressured into coming to a quick decision which meant you did not have enough time to evaluate any other pension or annuity schemes which prevented you from finding the best deal to suit your specific needs

Should any of the above apply to how you were sold a pension or an annuity by a financial adviser, you may be eligible to file for compensation. As such, you should contact a legal expert who would assess your case before offering essential legal advice on whether you qualify for compensation or not.

Would an Annuity Taken Out Prior to July 2008 Be Valid if I Claim Mis-sold Pension Compensation?

If you bought a pension annuity prior to July 2008, the Financial Conduct Authority – FCA – does not review cases of mis-selling that occurred before they introduced their pension and annuity sales guidelines. With this said, you should still discuss your case with a legal expert because in some cases, you may be eligible to claim mis-sold pension or annuity compensation.  Once a solicitor has assessed you case and satisfied themselves that you can provide sufficient evidence to support a claim, they would typically offer you No Win No Fee terms when representing you on a mis-sold pension claim.

Would an Annuity Taken out After July 2008 Be Eligible for Compensation?

If you purchased your annuity after July 2008, and you believe the financial adviser mis-sold it to you, a solicitor would be able to evaluate whether you have a valid claim. As previously mentioned, the FCA set down strict rules and regulations that financial advisers must adhere to when selling any pensions or annuities. If a financial adviser is deemed to have breached any of the rules or regulations when they sold you a pension or an annuity, you would be able to file a mis-sold pension compensation claim.

A Pension Was Transferred to Me Following Their Death, Can I Claim Mis-sold Pension Compensation?

Should your partner have passed away and their pension or annuity was transferred to you but you believe that it was mis-sold, providing you can show good reason, your claim could be deemed valid. The reason being that even if the person who was mis-sold a pension or an annuity has passed away, it does not mean that the financial adviser cannot be pursued for any damages.

Should your deceased partner’s pension or their annuity have rolled into your own retirement funds negatively impacting it’s performance, you have the right to seek compensation by filing a mis-sold pension claim. As such, you should discuss your case with a solicitor before taking any action so they can provide essential legal advice on how best to proceed with a “third party claim”.

How Do I Start a Mis-sold Pension Compensation Claim?

Mis-sold pension claims can be complex and although it is possible to pursue a case on your own, it is far wiser to seek the advice of a legal expert before doing so. The reason being that this type of claim is fraught with pitfalls that could mean long, unnecessary delays or your claim being deemed invalid. With this said, there are things you can do in preparation to contacting a solicitor which includes the following:

  • Gather all relevant information regarding your pension or annuity which includes all the details and evidence that could indicated that the financial adviser mis-sold a package to you
  • Should you have held a company pension but on the advice of a financial adviser, you transferred it to a private pension, you should note down all your previous employers and gather all your pension information that was held by them

If you can provide as much information as possible when you contact a solicitor the better, although this would not be a perquisite to filing a mis-sold pension compensation claim.

How Much Mis-sold Pension Compensation Could I Receive?

The amount of mis-sold pension compensation you could receive in a successful claim would depend on several things bearing in mind that each case is unique. With this said, the amount you could be awarded may in the following regions:

  • If you held a small to medium pension or annuity, the amount you may receive would be anything from £30,000 to £50,000 depending on your circumstances
  • If you held a medium to large pension or annuity, you could be awarded anything from £50,000 to £150,000 depending on your circumstances
  • If you held a large pension or annuity, you could receive £150,000+

Would a Solicitor Represent Me on No Win No Fee Terms?

Once a legal expert has determined that you have a strong mis-sold pension compensation claim which they would do by offering you a no obligation, initial consultation which is free of charge, they would typically offer to represent you on No Win No Fee terms. This means that you would not have any financial risks or costly legal fees to find when filing a mis-sold pension claim.

There would be not retainer or upfront fee to pay and there would be no ongoing fees to find as your case progresses either. You would only have to pay for the legal advice and representation that a legal expert provided when you are awarded a settlement and the amount is taken out of the money you receive. In short, you would receive the balance of the mis-sold pension compensation you are awarded.

Should your case not be successful and you are not awarded the mis-sold pension compensation you sought, there would nothing to pay the solicitor for the legal services they provided.

What Are the Benefits of Having a Legal Expert Work on a Mis-sold Pension Claim?

As previously mentioned, mis-sold pension claims can be complex more especially when it comes to determining that a financial adviser was in breach of the FCA regulations and rules when it came to selling you either a pension or an annuity. A legal expert is aware of the many types of claims relating to this type of claim whether it is mis-sold pensions that are SERPS related or SIPP related.

Even if you have not managed to gather all the relevant information relating to previously company held pensions you had prior to transferring one to a private pension scheme, a solicitor would be able to do this on your behalf and boast years of experience in doing so. A solicitor would also ensure that all the relevant information is available when filing your mis-sold pension claim which could reduce the risk of unnecessary delays in receiving a level of compensation you deserve.

Useful Links

If you would like more information on the difference between a “pension” and an “pension annuity”, please click on the link that is provided below:

Pension Wise and Pension Annuities

To find out further information on pensions, please follow the link provided below:

Citizens Advice On Pensions More information relating to pensions in the UK

If you would like further information on FCA regulations and rules, please click on the link below:

More about the rules and regulations that govern pension schemes

Mis Sold Pensions Claims Guide Mis Sold Pensions Claims Guide
October 25, 20193 commentsRead More
Does The CICA Pay Compensation For Historic Sexual Abuse? – A Guide To Historic Sexual Abuse Criminal Injury Claims

Does The CICA Pay Compensation For Historic Sexual Abuse? – A Guide To Historic Sexual Abuse Criminal Injury Claims

Sexual Abuse Claims Guide Sexual Abuse Claims Guide

If you were the victim of historical sexual abuse, you may be entitled to seek compensation through the Criminal Injuries Scheme. However, to qualify, your case must meet all the rules and criteria associated with CICA historic sexual abuse claims.

To find out more about this type of CICA claim and whether your case meets the criteria for historic sexual abuse cases that are submitted to the CICA, please read on.

What are the CICA Rules for Historic Sexual Abuse Claims?

For your historic abuse claim to be considered by the Criminal Injuries Compensation Authority, you must have reported the abuse to the Police and been issued with a Crime Reference Number. Should the abuse have been reported when you were still a minor, you would have to give the CICA a good reason why you did not apply within the strict 2 year deadline for making a CICA claim. The authority would not accept that you missed the time limit because you were unaware of the Scheme.

However, a historic claim that is reported to the Police years after the abuse took place and which falls within the 2 year rule which begins from the date the abuse was reported, would be eligible. With this said, CICA rules and eligibility are complicated as and such, it is far better to discuss a historic sexual abuse claim with a legal expert prior to submitting a claim to the Criminal Injuries Compensation Authority.

Would the Same Roof Rule Affect My Historic Sexual Abuse CICA Claim?

If you were denied compensation through the Scheme because the abuse you were subjected to occurred prior to 1979 and your assailant lived under the same roof as you, this would have been because of the Same Roof Rule that was associated with this type of claim in the past. However, this rule has now been abolished which means that even if your case was rejected in the past, you are now entitled to reapply for compensation through the 2012 CICA scheme.

A criminal injury solicitor would provide essential legal advice on how best to proceed and would help you fill out your application before submitting it to the CICA which would ensure that all the relevant information and evidence of the abuse you were subjected to, is included in an application from the outset. This can reduce the risk of unnecessary delays or worse still, your application for compensation through the CICA scheme being rejected.

Do I Need a Crime Reference Number to File a Historic Sexual Abuse CICA Claim?

You must have a Police Crime Reference Number which you would have been given when you reported to abuse to the Police if you want to make an application for compensation through the Criminal Injuries Scheme. Without a reference number, the CICA would not consider your case. However, if you live in the area where the abuse occurred and you had reported the abuse to the Police, you may still be able to retrieve the Crime Reference Number by getting in touch with your local Police station. They would assist you in tracking down the Police Crime Number (PCN) you were issued with. Should you no longer live in the same area, you may still be able retrieve the PCN by contacting the central Police authority.

With this said, if you are finding it hard to retrieve the Police Crime Reference Number you were given, a legal expert may be able to do this for you when they begin their investigations into your historic sexual abuse claim. The reason being that once you instruct a criminal injury lawyer to represent you, they have the right to act on your behalf.

How Long Would the CICA Take to Come to a Decision on a Historic Sexual Abuse Claim?

The length of time if would take for the authority to come to a decision on a historic sexual abuse claim would depend on several things which includes the following:

  • The Police evidence relating to your case
  • Whether the Criminal Injuries Compensation Authority deems you are eligible to file a claim through their Scheme
  • Whether a more in-depth medical report is required

With this said, should your CICA claim be straightforward and all the required Police evidence is available to the authority from the outset, a decision may be arrived at in 3 months at which time the CICA would make you an offer. Should your historic sexual abuse claim be more complex, it could take anything from 12 to 18 months for a settlement to be offered by the Criminal Injuries Compensation Authority.

What Level of CICA Compensation Could I Receive in a Historic Sexual Abuse Claim?

If your case meets all the necessary criteria for claiming compensation through the Criminal Injuries Scheme, the level of compensation you may receive for a successful historic sexual abuse claim could be anything from £6,600 to £44,000.  It is worth noting that due to the fact that many victims are subjected to this type of abuse over a period of time which can be anything from months to years, the higher amounts are awarded to victims who suffer severe internal injuries and who may as a consequence of the sexual abuse they experienced, develop psychological issues throughout the rest of their lives.

The amount that the CICA would award you, is based on the 2012 tariff of injuries. Should you not be happy with the amount you are offered, you have the right to request that the decision be reviewed which is best left up to the legal expert who represents you.

Would a Criminal Injury Solicitor Represent Me If I Make a Historic Sexual Abuse CICA Claim?

When you contact a solicitor for advice on making a historic sexual abuse claim through the CICA Scheme, they would typically offer you a free, initial consultation which allows them the chance to assess whether you are eligible. You would be under no obligation to continue with a criminal injuries claim if you feel that you don’t want to. Should you decide to pursue your claim through the Scheme and the solicitor establishes that your case and your injuries would entitle you to so, they would agree to begin their investigations by offering you No Win No Fee terms.

Is There a Time Limit to Making a Historic Sexual Abuse CICA Claim?

If your case involves historic sexual abuse and you did not report the abuse to the Police in the past, once you do file a report with the Police, the CICA deadline would begin from the date the abuse was reported. In short, even if the abuse occurred decades ago and you just reported it to the Police, you would be entitled to file for compensation through the Criminal Injuries Scheme, providing your case meets all the other necessary CICA criteria. The reason being that you would not have “breached” the CICA 2 year time limit.

With this said, the Criminal Injuries Compensation Authority would need to see evidence that you were unable to report the abuse to the Police any earlier which could be for the following reason:

  • The abuse you were subjected to left you with severe psychological issues – should this be the case you would need to provide medical reports that either a consultant psychiatrist or psychologist provided. The CICA would not accept reports provided by a GP or a therapist

If you are worried that you may have missed the CICA deadline for filing an application through the Scheme, you should discuss things with a legal expert who would look into your case before offering essential advice on how best to proceed.

What Benefits Would A Criminal Injury Solicitor Offer When Making a Historic Sexual Abuse CICA Claim?

There are many benefits that a criminal injury solicitor would bring to the table when making an application for compensation through the CICA Scheme for historic sexual abuse. These cases are complex and applications need to be filled out correctly from the outset to avoid any unnecessary delays or a case being turned down by the Criminal Injuries Compensation Authority.

Sexual Abuse Claims Guide Sexual Abuse Claims Guide

Many historic sexual abuse CICA claims involve victims who suffer from psychological issues and to be eligible, you must provide medical evidence to support your claim. This means providing the CICA with medical reports that must be issued by qualified clinical psychiatrists or consultant psychologists. Without the necessary medical report, your historic sexual abuse claim would be rejected by the authority.

Other benefits a criminal injury solicitor would provide when making an application to the CICA would include the following:

  • A solicitor would ensure that you are eligible to claim compensation through the Criminal Injuries scheme before you submit an application to the authority
  • The strict time limit of 2 years from the date of reporting the abuse to the Police would be respected
  • The required Police report would be submitted from the outset to the CICA
  • The necessary evidence and medical reports would be included in an application
  • The solicitor would handle all aspects of your claim which includes assisting you in filling out the CICA application form, managing all correspondence with the CICA claims officer who handles your claim and keeping you appraised of the progress of a claim
  • That the offer the CICA makes is acceptable
  • The solicitor would handle any reviews of a CICA decision should this be necessary
  • A criminal injury lawyer would also deal with an appeal against a CICA review should you not agree with their decision

The above are just some of the advantages of having a legal expert manage your CICA claim for compensation for historic sexual abuse.

What Does No Win No Fee Terms Mean When I File a Historic Sexual Abuse CICA Claim?

Conditional Fee Agreements were set up so that innocent victims of crime can seek the compensation they may not otherwise be able to receive through other legal routes. The Scheme is to be considered as a “last resort” for victims to be awarded compensation for any pain and suffering they endured having been “blameless” in the crime that was committed against them. Solicitors typically agree to represent you when you file an application for compensation through the Criminal Injuries Scheme by offering No Win No Fee terms which means you would not have costly legal fees to find.

The agreement you sign with the solicitor you contact would set out the amount that would only be payable if your historic sexual abuse claim is successful and the fee due would be taken out of the money the CICA awards you. Should for any reason you lose your CICA claim, you would not have to pay for the legal representation the criminal injury solicitor provided.

Can I Ask a Solicitor to Represent Me on a No Win No Fee Basis if I Make a Historic Sexual Abuse CICA Claim?

As previously mentioned, providing a criminal injury lawyer can establish that you are eligible to seek compensation through the Criminal Injuries Scheme and that you have sufficient evidence to support your case, they would be happy to work on your case on a No Win No Fee basis. The solicitor would need to see the Police report before taking on your case. They would also need to establish that you are seeking to file an application within the 2 year time limit that is associated with this type of claim. The time limit begins from the date that you reported the abuse to the Police.

If it is found that you reported the incident years ago but did not pursue your claim through the CICA scheme within the required 2 year deadline, the solicitor may not take on your case because the authority would reject it. With this said, if you can prove “good reason” for not having made an application within the time limit, the CICA may consider your case. As such, the solicitor you contact could offer you No Win No Fee terms when representing you in a historic sexual abuse claim through the CICA scheme.

Informative Links

If you would like more information regarding the time limit that is associated with historic sexual abuse claims, please follow the link that is provided below:

More information relating to historic sexual abuse CICA time limits

Should you have been the victim of historic sexual abuse and need help and support, please follow the link below which takes you to the Victim Support website:

Help and support for victims of historic sexual abuse

To find out how the Criminal Injuries Compensation Authority can help you seek compensation for the pain and distress you suffered as a victim of historic sexual abuse, please click on the link below:

How the Criminal Injuries Compensation Authority Helps Victims of Violence and Abuse

Sexual Abuse Claims Guide Sexual Abuse Claims Guide
How Does The CICA Calculate an Award For Injuries Sustained in a Crime of Violence? – Criminal Injuries Payouts Guide

How Does The CICA Calculate an Award For Injuries Sustained in a Crime of Violence? – Criminal Injuries Payouts Guide

Criminal Injuries CICA Free Advice On Payouts
If you were involved in a violent crime and suffered injuries, you could be entitled to claim compensation through the Criminal Injuries Scheme. However, to do so your case would need to meet the strict criteria that apply to CICA claims which includes whether or not your injuries are listed in their tariff of injuries.

To find out how to file a criminal injury claim and whether your case would be accepted by the Criminal Injuries Compensation Authority, please read on.

What is the CICA Scheme?

The Scheme is government-funded and it allows victims of crimes of violence the chance to seek compensation which they would otherwise not receive through other routes. To qualify, you would need to prove that you are the “blameless” victim of the crime against you otherwise the CICA would reject your application. Apart from seeking compensation for injuries you suffered as a direct result of the crime that was committed against you whether physical or psychological, you could also be entitled to claim other losses you may have incurred through the CICA scheme.

It is worth noting that the Scheme was set up as a “last resort” for innocent victims of crime the chance to seek compensation for the pain and distress they suffered at the hands of an assailant or assailants. With this said, the authority would expect that you sought compensation through other routes if you were entitled to do so before submitting an application to them.

The CICA would also expect that you took reasonable steps to receive the following:

  • Social security benefits you may be entitled to receive
  • Insurance payments
  • Compensation or damages you may be entitled to receive which can be directly linked to the injuries you suffered

As such, when you apply for compensation through the CICA scheme, the authority could ask you for the following:

  • That you claimed compensation from your assailant and began proceedings if it is thought that your case would be successful
  • That you requested an employer provide information regarding damages or if there are any insurance entitlements that you could be entitled to receive
  • That you applied for the benefits you were entitled to

The Criminal Injuries Compensation Authority may not come to a decision regarding your claim until they are fully satisfied that you qualify for compensation through their Scheme and that it would have been impossible for you to receive compensation through any other route. It is also worth noting that one of your obligations when seeking compensation from the CICA, is to keep them fully informed about any other claims you may be pursuing.

With this said, the authority always recommends that applicants file their applications for compensation through the Scheme as early as possible and that you could qualify whether if you know your assailant’s identity or not, or if your assailant has has been convicted or not.

With this said, the CICA runs two compensation schemes, one for innocent victims of violent crimes that happened after 2012 and the other for injuries that victims sustained in incidents that occurred after 2008. The levels of CICA compensation awarded differs in each of the two schemes with the tariffs being based on each injury type.

The Criminal Injuries Compensation Authority deals with claims that include the following:

  • Sexual assault
  • Sexual abuse
  • Historic sexual abuse and assault
  • Rape
  • Child abuse

The Scheme covers any crime against you that results in you suffering an injury, whether physical or psychological. With this said, the criteria attached to CICA compensation claims  are as follows:

  • You must have reported the incident to the Police and been issued with a crime reference number
  • You must have given a written statement to the Police
  • You must have cooperated with the Police
  • That the “value” of the injuries you suffered are over £1,000
  • That the strict 2 year time limit is respected – the exception to this rule is if a case involves historic sexual abuse

It is also worth noting that the following offences are not covered by the CICA scheme:

  • Case of road traffic violations/offences
  • Loss of property

As previously mentioned, to qualify for compensation through the CICA scheme, you must be a “blameless” victim of the violent crime that was committed against you. In short, you must prove that you did not contribute to the fact that you were involved in an incident that left you injured. Another stipulation is that you should not have previous convictions against you nor can you be deemed to be of a “dubious” character. Should this be the case, the CICA may accept an application but may apply deductions which can be anything from 10% to 100% of compensation you may be awarded.
Criminal Injuries CICA Free Advice On Payouts

How Does the CICA Calculate Compensation?

The CICA calculates the amount you may receive should they accept your claim on “fixed tariffs” as laid out in their 2008 and 2012 compensation schemes. Should you have been a victim of abuse or violence in a family environment, you would only receive compensation through the CICA scheme if it can be proved that your assailant (the offender) would not benefit from the money you receive.

A legal expert would let you know as soon as possible of the amount you may receive in a successful CICA claim. You would also be informed on whether a claim for abuse or violence in a family environment would be accepted by the Criminal Injuries Compensation Authority.

What Proof Does the CICA Require If I Make an Application For Compensation Through the Scheme?

You would need to provide the following evidence when making a compensation through the CICA bearing in mind that the authority places all “responsibilities” on applicants when they file a case with them:

  • Evidence that you meet the residency criteria
  • Medical proof that the injuries you suffered may be compensated under the “Scheme”
  • Evidence that you incurred loss of earnings and/or future earnings which are required to support a claim through the CICA scheme

The CICA could also choose to gather the following evidence before requesting that you provide them with a medical report:

  • Police confirmation that the crime against you was indeed reported to them
  • Police or witness confirmation that you did in no way contribute to the injuries you sustained
  • Request that the Police confirm that you fully cooperated with them

Should the Criminal Injuries Compensation Authority need you to provide proof of your residency, they would contact you and may accept copies of any official documents you provide. However, they may also request that you submit original documents if it is felt that copies that you provided need to be authenticated.

When it comes to medical evidence the authority could  require, you may have to pay for a report, but the authority would not expect the cost to be over £50. Should you not be able to meet the cost of providing the authority with the required medical report, the CICA may agree to pay for it but you would need to prove that you rely on any of the following benefits for them to do so:

  • Tax credits because you are on a low income
  • You earn less that the minimum required to qualify for SSP – Statutory Sick Pay

Should the CICA pay for the required medical report, the amount would be deducted from the money they award you with a cap being set at £50.

Should you be claiming psychological injury, the CICA would investigate whether you suffered from any pre-existing mental illnesses. As such, you may be required to provide a report from your doctor or the medical professional who has been treating you. The authority may also arrange that you be examined by another medical expert whether a clinical psychiatrist or psychologist which they would pay for. Should this be the case, you would be obliged to keep all appointments and the CICA would pay all “reasonable” costs relating to travelling to and from the place you are being treated.

Can I Be Compensated for Loss of Earnings in a CICA Claim?

As previously mentioned, the Criminal Injuries Compensation Authority may pay compensation for any loss of earnings and future earnings you may incur if you were the innocent victim of a violent crime. When applying, the CICA would tell you what information you would need to provide to support a loss of earnings claim through the Scheme. This could include the following:

  • Past pay slips
  • Your P60

These would have to be for the period immediately prior to you being injured in a crime of violence or an assault against you. If you had a formal offer of a job but were unable to take the position because you were injured, you would need to provide the authority with proof of the “formal offer”.

Should be classed as “self-employed”, the CICA could request that you provide them with your tax returns or any correspondence you may have had with HM Revenue and Customs which would be needed as proof that you carried out paid work on a regular basis.

How Does the CICA Handle a Compensation Claim?

Once you send in an application for compensation to the CICA, they issue you with a reference number. You would have given the CICA your full consent to release all your records as well as evidence and information that is relevant to you and the circumstances that led up to you being injured in a crime of violence which is required for the authority to process and come to a decision regarding your case. The authority would examine the following:

  • All the evidence that you provided to the Police
  • Whether you have a criminal record
  • If required – the medical evidence relating to the injuries you suffered
  • Information relating to your earnings held at the DWP or HM Revenue & Customs – if you claim loss of earnings and/or special expenses

The CICA would contact you should any of the above information be required for them to process your claim for compensation through the Scheme. Should the authority find that any information you provided be false, or that you did not provide the information they requested, the CICA has the right to reject your case.

How Long Does it Take For the CICA to Make a Decision?

This would depend on the complexity of your case as well as the severity of the injuries you sustained whether physical or psychological. The CICA would not come to a decision until they receive confirmation that you recovered as much as possible from the injuries you sustained in a crime of violence or assault against you.

The Criminal Injuries Compensation Authority handles many claims every year and must ensure that they work within their “budget”. As such, they base the way they settle claims on a priority system. However,  should a claim be straightforward, the authority may deal with it prior to settling an older case that has been submitted to them.

As a rule of thumb, the Criminal Injuries Compensation Authority pays out on all eligible claims through the Scheme anything up to 12 months of an application being filed. However, if you have suffered severe injuries that require ongoing treatment and therapy, the authority may request that you wait until you no longer require medical care or until a medical professional can provide information on the long-term negative impact the injuries you sustained may have on your future life.

Should I Seek Legal Advice If I File a Criminal Injury Claim?

Claims that are made to the Criminal Injuries Compensation Authority can be complex and there are many rules that have to be respected. Should you not provide all the required information from the outset when sending in an application, you could find that your CICA claim is turned down. Criminal injury lawyers have vast experience when it comes to handling CICA claims for innocent victims of crimes against them. They understand the strict time limit that must be adhered to as well as the nationality and residency criteria.

A solicitor knows what kind of evidence is required to support a CICA claim and the importance of having a Police report. As such, they would provide you with essential legal advice so that the application that is filed to the CICA is not at risk of being rejected.

Would a Criminal Injury Lawyer Represent Me on a No Win No Fee Basis?

A criminal injury lawyer would need to satisfy themselves that you were the “innocent” victim of a crime or an assault against you and that you are of “good character”. They would also need to establish that you have no “unspent convictions” and that you meet all the required criteria for you to be eligible. Once the solicitor is satisfied that you are eligible and that the injuries you suffered are listed in the CICA tariff of injuries, they would offer to represent you without asking you to pay them a retainer. This would mean signing a contract that sets out the No Win No Fee terms that you agreed to with the solicitor you contacted.

With No Win No Fee agreements, you would only have to pay for the legal representation you received if your case is successful. The amount you would pay would typically be 25% of the amount that CICA awards you and this would be taken out of the money you receive. Should for some reason, your case is not successful, the agreed fee would be waived. In short, there would be nothing to pay the solicitor who represented you.

How Would a No Win No Fee Solicitor Help Me When Making an Application to the CICA?

The solicitor would assist you in completing your application to the CICA and would handle all the correspondence with the authority on your behalf. Should it be necessary, the solicitor would also help you update any information on your application which includes adding a medical report that provides details of the injuries you sustained. They would also ensure that the offer the Criminal Injuries Compensation Authority makes is acceptable and that it ties in with the level of injuries you sustained having been a victim of an assault or a crime of violence.

If you contact a legal expert at the earliest opportunity, they would be able to assist you from the outset when making an application to the CICA by showing you how to successfully file a criminal injury claim through the Scheme.

Informative Links

If you need more information regarding the CICA tariff of injuries, the following link provides essential reading on the injuries that are covered by the Scheme:

CICA tariff of injuries

To find out what support there is for victims of crime in the UK, please follow the link provided below which takes you to the Victim Support website:

Victim Support

If you would like more information on the level of compensation you may receive in a successful CICA claim, please follow the link below:

More information regarding compensation awarded in CICA claims

Criminal Injuries CICA Free Advice On Payouts

October 24, 20193 commentsRead More
Can I Make a Criminal Injuries Claim for Domestic Violence? – Criminal Injuries Compensation Guide For Domestic Violence

Can I Make a Criminal Injuries Claim for Domestic Violence? – Criminal Injuries Compensation Guide For Domestic Violence

Criminal Injuries CICA Free Advice On Payouts
If you are the victim of domestic violence, you could be entitled to claim compensation through the Criminal Injuries Compensation Scheme. However, the CICA requires that you can prove you are the “blameless” victim of the violence that was committed against you and that should you receive compensation through their Scheme, that your assailant would not benefit from the money you are awarded whatsoever.

To find out whether you could be entitled to file a criminal injuries claim for domestic violence, whether you are eligible and what evidence you would need to provide, please read on.

What is the CICA Criminal Injuries Compensation Scheme?

The Scheme is government-funded and was set up as a “last resort” for victims of violence so they can receive compensation they may not otherwise be able to get. The 2012 Scheme lays out eligibility with cases of domestic violence being specifically detailed in the Scheme. This means that a person who has been subjected to domestic violence may be awarded anything between £2,000 and £8,200 depending on the circumstances surrounding an incident and the physical injuries/abuse they sustained.

The CICA calculates the amount that you could receive based on the “pattern of abuse” you were the victim of with the more severe injuries sustained being factored into an award rather than every individual injury suffered. With this said, the CICA would allow an exception to this which is detailed as follows:

  • If a single injury that was sustained in a pattern of abuse is classed in a higher tariff than it would be for the abuse. Should this be the case, the higher amount would be paid and not an award for the “pattern of abuse” sustained

Under the 2012 Criminal Injuries Compensation Scheme, cases involving children are found in a separate section. For injuries suffered as a child, for those classed a “minor abuse”, the CICA would pay £1,000. For more serious abuse, the CICA would award £2,000 and for very severe abuse, the amount they would pay out would be between £5,500 and £13,500.

What is the Same Roof Rule and Would It Affect My Domestic Violence Claim?

In the past, anyone who was subjected to an assault, crime of violence which includes domestic violence between August 1964 and 30 September 1979 would not be eligible to claim compensation through the CICA scheme because the “same roof rule” prevented them from doing so. Today, the rule has been cancelled and no longer forms part of the CICA Scheme. As such, if you were the victim of domestic violence and your case fell under the “same roof rule” you may be entitled to apply for compensation to the CICA now. It is also worth noting that if your claim was previously turned down due to the “same roof rule”, you would now be entitled to reapply.

There is a time limit for this type of application to the CICA which the authority must receive an application within 2 years from 13th June 2019. The authority does have the right to extend this deadline should the case involve a child or if a victim could not meet the deadline due to exceptional circumstances. With this said, all other required criteria associated with CICA claims must be met when seeking compensation through the Scheme.

Nationality and Residency Criteria Required to File a Domestic Violence Claim to CICA

For your claim to be accepted through the CICA Scheme, you must be able to meet the required nationality and residency criteria which is as follows:

  • You must be a resident of the UK or have been ordinarily resident in the UK when the incident occurred
  • The incident occurred in England, Scotland or Wales, or in another “relevant place” (this would depend on the circumstance surrounding the incident)

To qualify for an award through the Criminal Injuries Compensation Scheme, you must meet at least one of the nationality, residency or other criteria as stipulated in the 2012 Scheme. In short, you must be able to prove that you have been “ordinarily” a resident of the UK on the date that the crime against you was committed.

What is the Time Limit to Making a Domestic Violence Claim Through the CICA?

There is a 2 year time limit to making a domestic violence claim to the CICA and the only exceptions to this are as follows:

  • Your case falls under the “same roof rule”
  • You were a minor when you were abused
  • You lacked the mental capacity to file a claim to the CICA within the time limit

If you are unsure about the time limit that relates to your case, you should discuss things with a legal expert who specialises in Criminal Injury Compensation claims. They would be able to provide essential information as to whether you are still entitled to file an application through the CICA scheme.

What Are the Qualifying Conditions for CICA Claims If I Am a Victim of Domestic Abuse?

The Criminal Injuries Compensation Authority compensates victims of crime who suffered serious injury and those who were subjected to extremely distressing crimes. You would be entitled to file an application to the CICA providing the injury you sustained is listed in the 2012 tariff of injuries.

It is worth noting that should an existing injury which is in the tariff of injuries have been made worse because you were the innocent victim of an assault or violent crime, you could still be able to seek compensation through the CICA scheme.

However, the CICA would only consider making a payment in this instance to reflect how much an existing injury has been made worse. The authority would not pay any compensation for the existing injury itself. Should it be deemed that the value is less than the required £1,000, you would not be entitled to receive compensation through the CICA scheme.

If you suffered mental injuries as a result of sexual assault in a domestic environment, the CICA would consider paying compensation to you providing your case meets the necessary criteria.

Should your injuries be such that you needed surgery, the CICA would not pay compensation if as a result of the operation you underwent left you with any scarring.

Could I Include Loss of Earnings in a CICA Claim for Domestic Violence?

If you were the victim of violence in the home and you suffered injuries and as a consequence it meant you were unable to carry out your normal paid work, you may be entitled to claim loss of earnings in your CICA claim. However, the rules that apply are strict which is why it is best to seek the advice of a legal expert before you submit an application to the Criminal Injuries Compensation Authority.

The reason being that the injuries you suffered must be deemed serious enough for you not to be able to undertake your normal paid work or that it meant that you have a “very limited” capacity to work. This refers to you only being able to work a few hours per week due to the extent of the injuries you sustained. Working with a solicitor, they would help you gather the required evidence proving the following:

  • That you were in paid work at the time of the incident that left you injured
  • That you have an established history of paid work or a very good reason for not having one
  • The losses you incurred were for longer than twenty eight full weeks, bearing in mind that the CICA would not compensate you for any loss of earnings you had to cope with in the first 28 weeks you were unable to carry out your normal paid work

If you require assistance on determining whether you would be entitled to include your loss of earnings in your domestic violence claim through the CICA scheme, you should contact a criminal injury solicitor who would offer you an initial, free consultation to determine whether you have a strong case and what may be included in your CICA claim.

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Would the CICA Award Me Special Expenses in My Claim?

The Criminal Injuries Compensation Authority has the right to consider special expenses that may be included in a claim. This refers to specific costs and expenses that you may have incurred as a direct result of having been the victim of domestic violence. Unlike loss of earnings and future earnings which are only paid on the 29th week of you not being able to carry out your normal paid work, special expenses are paid from the date you suffered your injuries under the CICA 2012 Scheme.

Again, it is far better to seek professional advice from a legal expert before submitting special expenses in your CICA claim because you must have adequate proof to support these expenses and that you were not able to get anything free of charge from some other source. Other criteria includes the following:

  • That the expense was a necessity
  • That the cost you incurred is deemed “reasonable”

A legal expert would be able to advise you on whether you may be able to include damages to property and/or equipment in your CICA claim. Examples being a walking stick, glasses or dentures. Other things that you may be entitled to include in your claim includes the following:

  • The cost of NHS treatments – proof would be required that you had to pay
  • Special equipment which could include specifically-adapted vehicles, walking aids, kitchen implements and wheelchair
  • Adaptations to a home – this includes both exterior and interior alterations
  • Care costs
  • The cost of appointing somebody who would administer your affairs should this be necessary
  • The cost of setting up a trust but not the cost of running it

As previously mentioned, this type of claim can be complex and understanding what can and cannot be included in your CICA claim can prove challenging. As such, a legal expert would ensure that you provide all the correct information relating not only to the incident or incidents in which you were injured, but also all the supporting evidence which includes all the costs and expenses you incurred as a direct result of the injuries you suffered.

Should I Seek Advice From a Legal Expert Before Filing a CICA Domestic Violence Claim?

CICA claims that involve domestic violence and/or abuse tend to be complex and as such, you should seek advice from a criminal injury lawyer before submitting your appliation to the Criminal Injuries Compensation Authority. The reason being that the CICA looks closely at all the circumstances that surround this type of claim. The authority also looks closely at the incident and whether it was an isolated case of domestic violence or a series of incidents.

Other factors that would have a bearing on a domestic violence claim through the CICA would include the following:

  • Whether the incident or incidents were reported to the Police
  • Whether you fully cooperated with the Police and that you provided a written statement

A criminal injury lawyer would provide advice on whether your domestic violence claim to the CICA would be accepted and whether it would succeed. They would also let you know as soon as they can on what you may be entitled to include in your domestic violence claim.

Would a Criminal Injury Lawyer Offer Me No Win No Fee Terms on a CICA Claim?

The majority of solicitors would represent you when filing an application to the Criminal Injuries Compensation Authority on a No Win No Fee basis, providing they strongly believe that your case would be successful and that you meet all the necessary criteria associated with CICA claims. There are strict rules that must be respected which a solicitor is aware of. As such, the first thing that would need to be established is that your are an innocent victim of violence and that your injuries are listed in the CICA 2012 tariff of injuries.

Once a solicitor is satisfied that your case meets the necessary criteria, they would offer to work on your case by offering you No Win No Fee terms. This means you can seek compensation for the distress you were subjected to in a crime of domestic violence without having to worry about costly legal fees. You would only pay for the legal representation that a criminal injury provides when you receive the compensation you seek and the amount hat is due to the solicitor would be deducted from the payment you are awarded in a successful domestic violence claim through the Criminal Injury Scheme.

Informative Links

To find support and advice if you were the victim of domestic violence, please follow the link below:

Support and advice for victims of domestic violence

If you were the victim of domestic violence and would like more information regarding the Criminal Injuries Compensation Scheme, please follow the link that is provided below:

More information on the Criminal Injuries Compensation Scheme

To find out what injuries are included in the 2012 CICA tariff of injuries scheme, please click on the link below:

The 2012 CICA tariff of injuries

Criminal Injuries CICA Free Advice On Payouts

How Much Criminal Injury Compensation Could I Be Entitled To? – Calculate Compensation Amounts And Payouts

How Much Criminal Injury Compensation Could I Be Entitled To? – Calculate Compensation Amounts And Payouts

Criminal Injuries CICA Free Advice On Payouts
If you were the victim of a violent crime, you may be entitled to make an application to CICA for compensation through the Scheme. You would need to prove that you were the “blameless” victim of the crime against you for the authority to accept your case and you would also need to abide by the rules that govern money awarded by the Criminal Injuries Compensation Authority.

To find out how much criminal injury compensation you could be entitled to and how to make an application to the CICA, please read on.

The CICA Scheme Explained

The CICA scheme was establised to compensate innocent victims of crimes of violence. The amount of compensation you may be awarded would be based on the CICA tariff of injuries which was revised at the beginning of 2019. There are many rules that govern the CICA which is government-funded and should any of them be ignored or overlooked, the authority has the right to reject an application for compensation even if you can prove you were the blameless victim of an assault or a violent crime.

Another criteria is that your injuries have to be deemed serious enough for you to qualify and must be listed in the CICA tariff of injuries with the minimum level being set at £1,000.

Are You Eligible Through the CICA Scheme?

A criminal injuries lawyer would first assess whether you qualify for compensation through the CICA scheme which would entail establishing the following:

  • That you are blameless for the crime or assault that was committed against you
  • That you fully cooperated with the Police and provided them with a written statement
  • That the level of injury you sustained is above £1,000
  • That you have no unspent convictions
  • That you are of “good character”
  • That you have not already made an application to the CICA for the same injury and been turned down

It is worth noting that once a legal expert has determined that you are eligible, they would typically offer to work on your application for compensation through the CICA scheme without having to request that you pay a retainer because they would agree to work on your case on No Win No Fee terms.

How Do The CICA Assess Injuries?

The CICA rules are strict when it comes to who may apply for compensation through their Scheme. Should you have sustained multiple injuries in an assault or crime of violence, the authority would only compensate you for the three severest injuries you suffered with the lesser of the two injuries attracting a reduced tariff. With this said, the CICA bases the amount you may be awarded on their 2012 tariff of injuries scheme and in certain cases consider losses and damages that a victim of a violent crime may have suffered through no fault of their own.

The Criminal Injuries Compensation Authority would need to see a Police report and satisfy themselves that you fully cooperated with the Police by providing them with a detailed written statement. If needed, the authority would then request a medical report detailing the injuries you sustained and the prognosis. Once the CICA has all the necessary evidence and information required when victims claim compensation through the Scheme, they would then make an offer which can take anything from 12 months to 18 months.

How Much CICA Compensation Could I Be Awarded For Sexual Abuse?

If you were the innocent victim of a sexual or physical abuse at any age in your life and you have not been compensated through the CICA scheme when you were a child and the crime committed against you was deemed to be a serious oral-genital or non-penile penetrative act or acts, the amount of compensation the CICA may award would be in the region of £3,300.

With this said, if you were the victim of sexual assaults that formed a pattern of abuse, the CICA would take this into consideration. In short, the amount awarded would include the nature of the injuries you sustained, whether one or more people assaulted you, the type of abuse you were subjected to and the period of time over which the abuse occurred.

How Much Would the CICA Award for Facial Scarring?

Should you have suffered severe facial scarring as a result of an assault or crime of violence and you were the innocent victim of the incident against you, the Criminal Injuries Compensation Authority may award you £11,000 for the serious disfigurement you were left with.

How Much Would the CICA Award for Scarring to Lower Limbs?

Should the incident have left you with severe disfigurement to your lower limbs and your case meets all the necessary criteria for you to be eligible to claim compensation through the CICA Scheme, you may be awarded £3,5000

How Much Would the CICA Award For a Lower Limb Injury?

If you sustained a lower limb injury when you were assaulted or you were the victim of a crime of violence and you did not contribute to the incident that left you with a fracture to your shin bone (tibia) on one leg which as a result left you with a significant ongoing disability, the amount of compensation you could be awarded would be £4,600.

How Much Would the CICA Award For a Fractured Hip?

For a fractured hip injury sustained when you were assaulted or because you were the victim of violent crime and the damage caused meant that you have to endure an ongoing disability that is deemed to be significant, the CICA would award you in the region of £11,000.

However, you would need to prove that you were blameless in causing the crime that was committed against you for the authority to accept your claim and you would need to meet the other criteria that is associated with claims for compensation made through the CICA scheme.

How Much Would the CICA Award in Compensation For Severe Brain Damage?

Any damage to the brain may cause significant mental and physical harm and as a result you may experience the following:

  • Loss of muscle
  • Loss of nerve control
  • Loss of balance
  • Incontinence
  • Loss of memory and impairment of concentration
  • Personality changes
  • Your life-expectancy may be negatively impacted

If as a result of being assaulted or because you were the victim of a violence, you suffered severe brain damage which negatively impacted your senses and which may reduce your life expectancy significantly, the amount that the CICA would award may be in the region of £175,000.

What Would the CICA Award in the Way of Compensation for Severe Burns to the Face and Neck?

If you suffered severe burns to your face and neck when you were assaulted or you were a victim of violence that left you with a moderate amount of disfigurement which is defined as being first or second degree burns that cover no more than 25% of your face and neck, the amount of compensation that the CICA may award you would be in the region of £27,000.

How Much CICA Compensation Would I Receive For a Severe Leg Injury?

If you suffer a severe leg injury which results in paralysis, the amount the Criminal Injuries Compensation Authority may award in a successful claim would be in the region of £27,000.

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How Much Would I Get in a CICA Claim For Mental Injury/Shock?

If you were the victim of an assault or a serious violent crime that left you suffering from shock/mental injury, the CICA would make an offer of £13,500 providing you have submitted a confirmed diagnosis/prognosis from a clinical psychiatrist or a consultant psychologist. The CICA does not accept medical reports provided by doctors or therapists when it involves mental issue claims which innocent victims of violence submit to the authority.

What Evidence is Required When Making a CICA Claim for Compensation?

You would need to provide both a Police report of the incident and any other evidence which could include a medical report detailing the injuries you suffered in an assault or a crime of violence that was committed against you. You would also need to provide proof that you did not contribute to the incident happening and that you did not provoke an assailant in any way.

If you have any convictions, they must be “spent” for you to be eligible for compensation through the CICA scheme and you must not be deemed to be of “dubious” character.

It is far better to seek the advice of a legal expert when it comes to gathering the required evidence when filing an application for compensation through the CICA scheme. A solicitor would help you gather all the proof and evidence you need to support and strengthen your case.

Would I Be Eligible For Compensation Through The CICA?

As previously touched upon, the injuries you sustained in an assault or crime of violence must be valued at £1,000 for you to qualify for compensation through the CICA scheme. The 2012 tariff of injuries lists 450 different types of injuries and to meet the necessary criteria, your injury must be included in the list.

You must also be “blameless” which means you must not have provoked an assailant or contributed to the incident occurring in any way for you to be eligible. If you have any unspent convictions which includes drink driving offences, you would not be entitled to file an application to the CICA and if you are thought to be of “dubious character”, this too would disqualify you from applying for compensation through the Scheme.

What is the Time Limit to Making an Application to the CICA?

The deadline that the CICA operates for claims through the Scheme is set at 2 years from the date of the incident that left you injured, whether your injuries are physical or psychological. There are exceptions to the 2 year rule that the CICA operates which are explained below:

  • If you were a victim of historic sexual abuse
  • If you were a minor when the crime was committed against you
  • Exceptional circumstances

What Benefits Would a Criminal Injury Lawyer Offer When Making an Application to the CICA

Claiming compensation through the CICA Scheme can be complex, more especially if the circumstances surrounding the incident that left you injured proves to be complicated. If your injuries are severe, this can make a CICA claim more challenging too. The 2 year time limit associated with CICA claims is very strict and even if you miss the deadline by one day, the authority would reject your case even if you have all the necessary proof to support and claim and you meet the necessary CICA claim criteria.

As such, it is best to discuss you claim with a legal expert as soon as you can to avoid the many pitfalls that could see your case turned down at the outset.

How Can a Criminal Injury Solicitor Help Me?

Once a solicitor is satisfied that you have a valid CICA claim and that your injuries are include in their 2012 tariff of injuries scheme, they would work with you on a No Win No Fee basis and would begin their investigations into how the assault or crime of violence that was committed against you without requesting that you pay them an upfront fee. You would need to provide a criminal injury lawyer with the Police Crime Reference Number and a copy of the written statement that you provided when you reported the incident to the Police.

You may also need to provide a medical report which details the type and severity of the injuries you suffered in the incident. This report could be provided by the doctor who initially treated you at the Accident & Emergency department of a local hospital or by you own GP.

The criminal injury lawyer would handle all aspects of the CICA claim which includes assisting you in filling in the application to ensure that all relevant information and evidence is included from the outset. The solicitor would keep you well informed of the progress and if any further information is required by the CICA to support your claim. An example being that should your claim involve psychological injury or historic sexual abuse, a more detailed medical report provided by either a clinical psychiatrist or consultant psychologist may be needed. The solicitor would arrange an appointment for you which could help speed up the process.

What is a No Win No Fee Agreement in a CICA Claim?

No Win No Fee agreements set out the terms and conditions of the contract that you sign with a solicitor as well as the agreed percentage you would only pay when your CICA claim is successful and you receive the compensation you are entitled to. This “percentage” would be taken out of the money you are awarded and you would receive the balance of the money. In short, there would be no legal costs for you to pay if your CICA claim is not successful.

Would a Criminal Injury Solicitor Offer Me No Win No Fee Terms?

As previously mentioned, a solicitor would first need to establish that you were indeed the “blameless victim” of a violent crime or an assault that resulted in you suffering injuries. They would also need to confirm that you cooperated with the Police. If it is found that you were not totally cooperative or you decided to withdraw a written statement that you provided when reporting the incident, the CICA would reject your claim and a solicitor would not agree to work on your case on a No Win No Fee basis for this reason.

However, it the solicitor is happy with your claim and that the CICA would take your case under consideration, they would agree to offer you No Win No Fee terms in the legal agreement you sign with them. A criminal injury solicitor would also work hard to ensure that you the amount of criminal injury compensation you are awarded is an acceptable amount.

Informative Links

If you would like more in-depth information on the 2012 CICA tariff of injuries and whether the injury you sustained in an assault or a crime of violence against you, please click on the link that is provided below:

The 2012 CICA tariff of injuries scheme

If you need more information regarding the CICA scheme and how this government-funded authority works, please follow the link below:

More information about the Criminal Injuries Compensation Authority

If you suffered injuries in an assault or crime of violence and would like support and advice, please follow the link below which takes you to the Victim Support website:

Support for victims of violent crimes

Criminal Injuries CICA Free Advice On Payouts

Do I Have to Report an Incident to Police Make a Criminal Injury Claim? – A Guide To Report an Incident to Police For CICA Claim

Do I Have to Report an Incident to Police Make a Criminal Injury Claim? – A Guide To Report an Incident to Police For CICA Claim

Criminal Injuries CICA Free Advice On Payouts
If you were the victim of a violent crime and suffered injuries, for a case to be accepted by the Criminal Injuries Compensation Authority, the incident must have been reported to the Police. When filing an application, you would need to provide a Police crime reference number and the CICA would also need to get in touch with the Police to ensure that you fully cooperated with them.

To find out more about reporting a crime of violence to the Police and the rules associated with making a CICA claim, please read on.

Why a Police Report is So Essential When Making a CICA Claim?

A Police report is key to whether the CICA would accept your claim for compensation through the Scheme. It is the first thing that the CICA requests before they investigate a case. The report the Police provide is used by the Criminal Injuries Compensation Authority as a way of establishing whether you are a blameless victim of a crime of violence and as such would qualify you for compensation through the 2012 Scheme.

A Police report would also help establish that you were fully cooperative which is an absolute necessity. The CICA would ask the Police whether you were cooperative or not and whether you provided a complete and full written statement. Should you not have provided the Police a full statement  for whatever reason, whether it was the Police’s fault or yours, the CICA could turn down a claim for compensation through their scheme.

There may well be very genuine reasons for not wanting to cooperate with the Police which could be any of the following:

  • You were too busy working
  • You did not see anything
  • You were too scared to give the Police a full statement
  • You want to withdraw the statement you gave the Police

Should any of the above apply to your case, the Criminal Injuries Compensation Authority would reject your case.

Do The Police Have to Prosecute For Me to File a CICA Claim?

This would depend on the circumstances surrounding the incident in which you suffered injuries at the hands of an assailant. With this said, the more evidence and information that you provide the Police, the stronger the chance would be that a prosecution would be bought against your assailant and the better the chance there would be of your CICA claim being accepted. However, it is worth noting that you would not need a conviction to make an application for compensation through the CICA, you would just need to have a prosecution.

With this said, a Police prosecution may not always be required for you to be able to file an application through the CICA Scheme. Should you have been assaulted by someone and they stabbed you before running off, it is obvious that you were the blameless victim of a crime of violence and your assailant remains unknown. As such, your claim for compensation to the CICA would be upheld. Other reasons why a prosecution may not be required includes the following:

  • You were the victim of historic sexual abuse, but your abuser is no longer alive. Providing there is sufficient evidence to support your case, the Criminal Injuries Compensation Authority would consider paying you compensation through their Scheme

What Should I Do When I File an Application to the CICA?

There is a procedure that must be followed when filing an application for compensation through the CICA and this includes the following:

  • Never wait for the outcome of a trial before filing an application to the CICA. The reason being that there is a strict 2 year time limit that must be respected and even if you are a day late in making your application, the CICA would reject your case. CICA bases the way they pay compensation to victims who are “blameless” and not because an assailant is convicted of the crime
  • Make sure that the injuries you suffered are listed in the 2012 CICA tariff of injuries scheme. If your injury is not listed, your application would be turned down. The other thing to bear in mind is that an injury must be worth £1,000 for the Criminal Injuries Compensation Authority to consider
  • Ensure that you have given a full written statement to the Police. If you were hospitalised as a result of the injuries you sustained and therefore unable to provide a statement to the Police straight away, make sure that you do so as soon as you possibly can. The CICA must have a Police report and determine that you fully cooperated with them for your case to be considered
  • Should your case involved historic sexual abuse, a report must be made to the Police before you can make an application through the CICA scheme. Once a Police report has been made, you have 2 years to file an application to the Criminal Injuries Compensation Authority which begins from the date you reported the crime. However, the sooner a claim is filed, the sooner a decision can be made by the authority as to whether they accept the evidence you provided to the Police
  • If you suffer any psychological injuries as a result of having been a blameless victim of a violent crime and you are including these in your CICA claim, you need to provide a medical report from a clinical psychiatrist or consultant psychologist for your case to be accepted. The CICA does not accept medical reports on mental health issues that are provided by a doctor or a therapist
  • Make certain that you respect the strict 2 year time limit associated with CICA claims. If you wait for too long, you may find that your claim is deemed “out of time”

Criminal Injuries CICA Free Advice On Payouts

What Should I Not Do When Making an Application to the CICA?

There are several things that would have a negative impact on your CICA claim which include the following:

  • You make an application to the CICA while you still have unspent convictions. The CICA reject applications when there unspent convictions against applicants
  • Do not assume that an injury you sustained would entitle you to seek compensation. An example being that should you have sustained a broken nose it would not entitle you to make a CICA claim. The only exception would be if the bone at the top of your nose that joins to your skull and eye socket is broken (ethmoid bone)

If you are not sure whether you have unspent convictions and this includes drink driving, you should contact a legal expert who would ensure that any convictions are “spent” before submitting an application to the Criminal Injuries Compensation Authority.

What Evidence Do I Need to Provide to CICA for Psychological Injuries?

As previously mentioned, the CICA would consider paying compensation if you suffered psychological injuries having been an innocent victim of a violent crime but you would need to provide adequate medical evidence in support of your claim. It is not enough to provide a medical report that you received from your GP or a therapist. For your claim to be accepted by the CICA, the medical report must be provided by a clinical psychiatrist or a consultant psychologist.

Should you be suffering from any sort of mental illness as a result of being assaulted or the victim of a violent crime, you should contact a criminal injury lawyer who would recommend how best to proceed when it comes to providing the necessary medical evidence for a claim to the CICA to be accepted.

What is the Time Limit to Reporting an Incident to the Police If I Want to File a CICA Claim?

You should report a crime of violence or an assault to the Police as soon as you can. Ideally, this should be immediately. However, if your injuries are severe and therefore you need to be hospitalised, you should file a report and provide the Police with a written statement as soon as it is feasibly possible. Without a Police Report and a Crime Reference Number, you would not be able to make an application to the CICA for compensation for the injuries you sustained.

What Happens if I Do Not Report the Crime to the Police?

If you do not have a Crime Reference Number, you would not be able to seek compensation for injuries you suffered, whether physical or psychological through the Criminal Injuries Scheme. One of the rules that apply to CICA claims is that you reported the incident to the Police as soon after it happened as possible. The authority would not accept a claim if you have not fully cooperated with the Police and provided them with a written statement.

If you have any questions relating to an incident that left you injured but which you could not report due to the injuries you sustained, you should contact a legal expert as soon as possible so they can offer advice on how best to proceed.

Should I Seek Legal Advice Before I Make an Application to the CICA?

You should always seek legal advice prior to making an application to the Criminal Injuries Compensation Authority. You need to ensure that your application has been correctly filled out and that the information you provided to the CICA is correct. Should there be errors in an application, not only could this result in long delays but it could mean that your CICA claim gets rejected. It would be wrong to assume that the CICA would help you should an application not be filled out correctly. It is much more difficult to correct mistakes made on your application if your case is rejected.

A legal expert would make sure that all the required evidence and your personal information is submitted correctly from the outset which reduces the risks of any delays or your CICA claim being turned down unnecessarily.

What Are the Benefits of Having a Criminal Injury Lawyer Represent Me?

As previously mentioned, a solicitor with vast experience in handling CICA claims for blameless victims of violent crimes or assaults, understands that time limits must be respected and that the criteria that entitles victims to seek compensation through the Scheme must be adhered to for a case to be accepted by the authority. Other benefits and advantages that a criminal injury lawyer would offer you would include but is not limited to the following:

  • The solicitor would represent you on a No Win No Fee basis once they are happy that you are eligible and your injuries are listed in the CICA tariff of injuries (2012)
  • That you do not have any unspent convictions – this includes drink driving offences
  • Evidence that you did not contribute to the injuries you suffered in an assault or crime of violence
  • Proof that you are of “good character” and that you fully cooperated with the Police having provided them with a written statement
  • That you are informed of the progress of your CICA claim on a regular basis
  • That you are told of how much you may receive in a successful CICA claim at the earliest opportunity

These are just some of the benefits of having a criminal injury lawyer represent you when making an application to the Criminal Injuries Compensation Scheme. The solicitor would also be able to offer essential advice on how to report a crime of violence to the Police should your case involve historic sexual abuse or an assault on you when you were a minor.

Informative Links

To find out more information about the importance of a Police Report when filing an application to the Criminal Injuries Compensation Authority, please follow the link provided below:

The CICA rules relating to reporting an incident

If you were unable to work because you were the victim of an assault or crime of violence and would like to know if you could claim loss of earnings in a CICA claim, please click on the link below:

Claiming Loss of earnings through the CICA scheme

To find out more about the importance of fully cooperating with the Police when making an application to the CICA, please follow the link below:

Cooperating with the Police

Criminal Injuries CICA Free Advice On Payouts

Can I Make a Criminal Injury Claim If I Was the Victim of a Beating Assault? – CICA Compensation Claims Guide For Beating Assaults

Can I Make a Criminal Injury Claim If I Was the Victim of a Beating Assault? – CICA Compensation Claims Guide For Beating Assaults

Criminal Injuries CICA Free Advice On Payouts

The Criminal Injuries Compensation Authority runs a government-funded scheme that helps innocent victims claim compensation after having been assaulted or been the subject of a violent crime that leaves them suffering from injuries. The injuries suffered could be physical or psychological both of which are covered under the CICA scheme providing a claim meets the necessary criteria.

If you were the victim of a beating assault and you sustained injuries, you could be entitled to receive compensation through the Criminal Injuries scheme and therefore you should discuss your case with a solicitor who specialises in CICA claims. To find out more on whether your beating assault claim would be accepted by the CICA or not, please read on.

Why Would the Criminal Injuries Compensation Authority Reject a Beating Assault Claim?

Some of the reasons why the Criminal Injuries Compensation Authority may reject your beating assault claim would be as follows:

  • You failed to report the incident to the police with the exception being that you were subjected to domestic violence beatings on regular basis
  • You did report the beating to the Police but then decided to withdraw your written statement or failed to provide one when you reported the incident to the Police
  • There are unspent convictions against you
  • The beating injuries you suffered do not meet the necessary value of an injury which is set at £1,000 by the Criminal Injuries Compensation Authority
  • The injury you sustained is not listed in the CICA tariff of injuries – one example being a broken nose

How Would the Criminal Injuries Compensation Authority Assess My Beating Assault Claim?

You would need to provide the Criminal Injuries Compensation Authority with a Police report if you want to seek compensation through their Scheme. The CICA requires this so they can compare your version of events to those in the Police report. On top of this, the CICA would also need to be assured that you cooperated with the Police from the outset and that you gave them a written statement detailing what happened to you when you were assaulted or the victim of a violent crime.

The CICA would also need to see the medical report of the injuries you sustained. If you are claiming psychological injuries, the report must be provided by either a clinical psychiatrist or a consultant psychologist. A medical report provided by a GP or therapist would not be acceptable to the CICA if you are claiming psychological injuries. You would also need to have cooperated with the CICA, should you not, the authority would reject your case.

If all the information that you provide to the CICA is satisfactory, the authority would then contact you with an offer which they would base on the 2012 CICA tariff of injuries scheme. It is worth noting that there are approximately 450 injuries listed, but you must check that the beating injury you suffered is in fact listed because if it is not, you would not be entitled to seek compensation through the CICA.

What Level of CICA Compensation Would I Receive For a Beating Assault?

As previously mentioned, the CICA has a set minimum value for injuries they would compensate you for if you were the blameless victim of a beating assault which is set at £1,000. With this said, if you suffered a fractured jaw in the beating assault, under the CICA tariff of injuries scheme, you would receive could be anything from £1,500 to £6,200. Other examples of the level of compensation you could receive in a successful CICA claim are as follows:

  • For a fractured cheekbone, you could receive anything between £1,00 and £3,500
  • For a dislocated elbow, the CICA would award anything between £1,500 and £6,200
  • For a dislocated shoulder, you could be awarded anything from £1,800 and £6,200

Is There a Deadline to Filing a CICA Claim if I Was a Victim of Violence?

The Criminal Injuries Compensation Authority operate a strict 2 year time limit for victims to file for compensation through the Scheme. As such you must file an application within 2 years of the date you were subjected to crime of violence or an assault. The CICA do make exceptions to this rule where historic sexual abuse is involved in which case the 2 year deadline begins from the date you file a report with the Police.

Other exceptions to the 2 year time include that the CICA operate are as follows:

  • The incident occurred when you were under the age of 18 in which case, you would have 2 years from the date of your 18th birthday to make an application through the CICA scheme. With this said, you can file for compensation through the CICA even before your 18th birthday and the sooner you do, the sooner you would receive compensation because your case would be that much easier for the CICA to investigate
  • If the injuries you suffered caused serious psychological damage that you could not pursue a claim any earlier, the CICA would consider your claim providing you have sufficient evidence to support your case. This would involve medical that is provided by a consultant psychologist or a clinical psychiatrist

Should you wait too long to file an application to the CICA, you may find that you have run out of time. As such, you should not wait for the outcome of a trial because the CICA do not need for an assailant to be convicted for them to accept a claim through their Scheme.

Would a Claim to the CICA for Historic Sexual Abuse be Accepted?

The Criminal Injuries Compensation Authority understands that many victims of historic sexual abuse find it incredibly hard to speak about their experiences. With this said, providing your claim meets all the “eligibility rules” associated with CICA claims for historic sexual abuse compensation, you would be entitled to make an application. The rules that must be met are as follows:

  • That you filed a report to the Police – should the report have been made while you were a minor/child, you would need to explain why you did not apply through the Scheme before the 2 year deadline ran out. The CICA would need to determine that you had “good reason” not to have done so. With this said, the “rules” concerning eligibility are complex when it comes to historic sexual abuse claims. As such, it is far better to discuss your case with a solicitor prior to making an application to the CICA to avoid having your case rejected due to lack of evidence or because you cannot prove “eligibility”

Criminal Injuries CICA Free Advice On Payouts

How Long Does it Take For Historic Sexual Abuse Claims Take to Settle?

The time it would take for the CICA to come to decision on a historic sexual abuse claim, would depend on several things which includes the following:

  • The evidence that the Police provide
  • Whether you are deemed to be an “eligible” victim of crime

Should your case be based on the evidence provided by the Police only, the CICA may come to a decision on the amount of compensation you receive fairly quickly which could be in around 3 months. However, if medical evidence is required to support your case and this includes medical reports provided by a consultant psychologist or a clinical psychiatrist, the timescale could be that much longer. In short, the CICA may not come to a decision for about 12 to 18 months.

Would a No Win No Fee Solicitor Represent Me If a File a Beating Assault Claim to the CICA?

Under the Criminal Injuries Scheme, you could be entitled to seek compensation for injuries sustained in any type of violent crime that was committed against you. However, there is a tariff of injuries that the CICA operate under and if your injury is not listed, you would not be entitled to seek compensation through the Scheme. This is just one of the “rules” associated with CICA claims and one of the first things a solicitor would do is establish that the value of the injury you suffered in an assault or because you were the victim of a violent crime, is £1,000 and that it is included in the 2012 CICA tariff of injuries scheme.

Once a solicitor has determined that you are eligible to claim compensation through the CICA scheme and that your case meets all the necessary criteria, they would typically agree to work on your case by applying No Win No Fee terms to an agreement. The criteria that would need to be met is as follows:

  • That you cooperated with the Police and that you provided them with a written statement
  • That you in no way contributed to the crime which resulted in you suffering injuries
  • That you are not “out of time” to file an application to the Criminal Injuries Compensation Authority – the exception to the 2 year rule is when a case involves historic sexual abuse
  • That there are no unspent convictions against you
  • That you are not of a “dubious character”
  • That you have not submitted an application for compensation for the same injuries in the past

What Are the Benefits of Working with a Solicitor When Making an Application to the CICA?

The Criminal Injuries Compensation Scheme was set up as a “last resort” for innocent victims of crimes of violence an opportunity to receive compensation they would not otherwise be entitled to receive. However, there are many strict rules that must be respected for a claim to be accepted by the CICA which is why it is so important to get things right from the outset and before you submit an application to the Criminal Injuries Compensation Authority.

A solicitor who specialises in CICA claims understands that the criteria and the “eligibility” rules must be respected for a case to be accepted. They are aware of the many legal pitfalls associated with this type of claim that must be avoided so that a case is not rejected or which see a claim being unnecessarily delayed. Should you have suffered psychological injuries, the solicitor would ensure that you are examined by a clinical psychiatrist or a consultant psychologist who would produce the required medical report in support of your claim. With this report, the CICA would reject your application.

A solicitor would also ensure the following:

  • That you are a UK national and therefore entitled to file a CICA claim
  • That the application is correctly filled out with all the required information included
  • The solicitor would keep you informed throughout the process and explain to you what to expect as your case progresses

Any errors made on an application to the CICA could result in a case being rejected as such, it is essential that all the information is not only correct, but true as well.

How Long Would It Take for the CICA to Make an Offer?

As previously mentioned, the length of time that it may take the CICA to make you an offer if they accept your claim, would depend on several things which are explained below:

  • The complexity of your claim
  • The severity of the injuries you suffered
  • Whether the CICA requires more information relating to your claim
  • Whether you are claiming psychological injuries

Should your claim to the CICA be straightforward, the authority may come to a decision and make an offer in 3 months. However, if your case is more complex, it can take anything from 12 to 18 months for the Criminal Injuries Compensation Authority to come to a decision. A legal expert would advise you on how long you may have to wait for the authority to make you an offer if your victim of a beating assault claim through the CICA Scheme is accepted.

Would a Criminal Injury Lawyer Represent Me on a No Win No Fee Basis?

It is always recommended that you seek legal advice before filing an application to the Criminal Injuries Compensation Authority. The reason being that the sooner you apply for compensation, the sooner the authority would come to a decision as to whether you would qualify for compensation through the Scheme. A criminal injury lawyer would establish that your case would be accepted and that the injuries you suffered are listed in the 2012 CICA tariff of injuries scheme.

You would also need to prove to a solicitor that you were indeed the “innocent” victim of the crime that was committed against you and that you are not of “dubious character”. The solicitor would also satisfy themselves that you fully cooperated with the Police and once this has been determined, they would typically agree to work with you on a No Win No Fee basis. This means you can make your application to the CICA without any risks and should the authority make an offer that is too low, you can ask for the decision to be reviewed without having to worry about incurring any extra legal costs. Should your CICA claim not be successful, you would have not legal costs to pay.

Informative Links

If you would like more information regarding the Criminal Injuries Scheme, please follow the link below which takes you to the Government website:

More information on the criminal injuries scheme

To find out more about how to update a CICA claim, please click on the link below:

Updating a CICA claim

If you were the victim of a crime of violence before 1st October 1979 and would like more information on whether you could be entitled to make a CICA application, please follow the link below:

Victims of crime before 1st October 1979

Criminal Injuries CICA Free Advice On Payouts

How To Claim Compensation For Tenancy Deposit? – Claims Guide For Tenancy Deposit Scheme Dispute

How To Claim Compensation For Tenancy Deposit? – Claims Guide For Tenancy Deposit Scheme Dispute

Tenancy Deposit Compensation Guide Tenancy Deposit Compensation Guide

 

You may be able to file a tenancy deposit compensation claim against your landlord should you have paid either a former or current landlord a deposit in the last 6 years and the landlord involved did not return it to you.

If a landlord fails to return the whole amount or part of the rental deposit back to you without having a good reason for doing so, you should seek advice from a legal expert on how best to pursue your claim.

What Are Tenancy Deposit Schemes

Tenancy deposit schemes are backed by the Government and in England and Wales, a landlord should pay the money paid as a deposit into one of three approved protection schemes. With this said there are different rules that govern tenancy deposits in Northern Ireland and Scotland. Should you have an assured tenancy agreement with a landlord and the date of your contract began after 6th April 2007, the tenancy deposit that you paid your landlord should normally be “protected”.

What Steps Does My Landlord Have to Take to Protect My Deposit?

When you pay a tenancy deposit to your landlord, they must do the following:

  • Pay the tenancy deposit into an approved government backed protection scheme of which there are three
  • Inform you which of the three schemes your tenancy deposit was paid into
  • Let you know how your tenancy deposit is “protected” which they should do within 30 days of you having paid it to them

Should your landlord have failed to do any of the above, you may be entitled to file a tenant deposit protection compensation claim against them. The amount you could be awarded in a successful claim could be anything up to 3 times the original amount of tenancy deposit you paid your landlord when you entered into a contract with them.

What Are the Three Approved Tenancy Deposit Schemes?

As previously mentioned, there are 3 government approved tenancy deposit schemes which are listed below:

  • Tenancy Deposit Scheme
  • MyDeposits
  • Deposit Protection Service

Should your landlord fail to pay your tenancy deposit into one of the above schemes, they would need to set in place another method to protect your deposit which should be to take out an insurance policy which would offer the required protection. It is worth noting that the insurance cover must offer “protection” for your entire tenancy agreement.

Does My Landlord Have to Tell Me How My Tenancy Deposited is Protected?

Your landlord must tell you how they have protected the tenancy deposit you paid them at the outset of your tenancy agreement and must do so within 30 days. The Government passed a law in 2007 obliging landlords to do this and should they fail to tell you which scheme they used to protect your deposit, it could entitle you to file a tenancy deposit protection compensation claim against them.

What Are the Rules that Govern Tenancy Deposit Protection in England and Wales?

If you are planning to rent a property and your rental agreement is an assured shorthold tenancy, your landlord is legally obliged to adhere to the rules that apply to this type of tenancy agreement. As previously mentioned, the “rules” in Scotland and Northern Ireland are different to those in England and Wales where assured shorthold tenancies are commonplace.

Should you have paid your tenancy deposit to a landlord through an agency, the landlord may ask that the agency “protect” it on their behalf. Should this be the case, the agency must abide by the same rules that apply to landlords when it comes to “protecting” tenancy deposits.

Once you have paid your tenancy deposit whether it is protected by a landlord or an agency, they must inform you within 30 days of the following:

  • The amount you paid in tenancy deposit and the address of the house, flat or other type of property that is on your tenancy agreement
  • Details of the tenancy deposit protection scheme that was used and how to contact an agency or your landlord
  • Details on how the scheme that was used to protect your deposit works
  • Details on how you will receive your tenancy deposit back and the deductions that could be made which could include information on how you could make a tenant compensation claim
  • Information on what may happen should there be a dispute between you and your landlord relating to the tenancy deposit you paid at the outset of your rental agreement

The document that contains the information above must be signed by the party who received the tenancy deposit whether it is an agency or your landlord.

Tenancy Deposit Compensation Guide Tenancy Deposit Compensation Guide

How is My Tenancy Deposited Protected?

It would depend on when a tenancy agreement began and when a tenancy deposit was paid as to how it would be protected. The reason being that different rules may apply to how a deposit is protected and the time limits that could apply to how long it would be “protected”.

As of 2007 when the Government bought into effect its legislation, tenancy deposits should be protected by being placed in one of the three government approved schemes. A landlord may opt to have an insurance policy in place to protect a tenancy deposit, or they may request that an agency do this on their behalf which they are entitled to do.

Your landlord or the agency must inform you within 30 days of you having paid them a tenancy deposit, how it is being “protected”. If they fail to do so, they could be in breach of the regulations and as such, you could be entitled to file a tenancy deposit compensation claim against them.

What Are the Time Limits For Tenancy Deposits Paid Before April 6, 2012?

The time limits for tenancy deposits paid before 6th April 2013 differ as follows:

  • If the deposit was paid between 6th April 2007 and 5th April 2012, it would be protected till 6th May 2012
  • If the deposit was paid before 6th April 2007, it would not have to be protected but should you have been served with a “section 21” notice, a deposit has to be returned
  • If a tenancy is renewed between 6th April 2007 and 5th April 2012, the deposit would be protected till 6th May 2012
  • For fixed term assured tenancies (shorthold) that ended any time after April 2007, the deposit would be protected until 23rd June 2015
  • For tenancies that were renewed on or after 6th April 2012, the deposit would be protected for 30 days

Are There Any Exceptions that Apply To Tenancy Deposits Protection Rules?

There are certain instances where a tenancy deposit does not need to be protected and placed in one of the three schemes which are as follows:

  • If you lodge in the same property as a landlord which includes renting a room in a flat or house
  • If you rent accommodation in a hall of residence. An example being as a student on a university campus
  • If your tenancy is “assured” or which comes under a pre-January 1989 tenancy agreement that is regulated

However, you may still be able to pursue a landlord through the courts if they failed to protect the deposit you paid them. The reason being that although a landlord may not be obliged to use a government approved Scheme, they should choose some way of protecting a tenancy deposit anyway.

When and How Should Tenancy Deposits be Returned?

Providing you paid your rent on time and took care of the property you were renting by not causing any damage, a landlord should pay back the full amount of deposit you paid them at the outset of your tenancy. Should the deposit not be returned to you in 10 days of your tenancy ending, your landlord runs the risk of being seen as “withholding” your tenancy deposit and as such, you may be entitled to file a claim against them, bearing in mind that should you win your case, it could mean that you are awarded anything up to 3 times the original amount that you paid when you took on the tenancy.

Can I File a Tenancy Deposit Dispute Claim if a Landlord Makes Unreasonable Deductions?

If you believe that your landlord has made “unreasonable deductions” from your tenancy deposit, you could be entitled to file a claim against them. The reason being that by law any deductions that a landlord makes must be supported by evidence that they suffered a financial loss. This could include the following:

  • Rent arrears
  • Damage to property
  • Items missing from the property inventory
  • Unexpected cleaning costs

Your landlord may not deduct normal wear and tear on the property from your tenancy deposit which would be deemed as “unreasonable”. This could include the following:

  • Normal wear and tear of a carpet
  • Any repairs to the property that should have been done during your tenancy

Can I Claim If a Landlord Paid Some of the Deposit Back?

Your landlord would have to show good reason for making deductions from your tenancy deposit. Should they only give back some of it, and you believe this to be unfair, you should discuss your case with a solicitor who specialises in tenancy deposit claims. The reason being that you may be able to prove that the deductions that were made were “unreasonable”.

What Kind of Evidence is Needed to Support a Deposit Compensation Claim?

The evidence that you would need to provide if you want compensation from a landlord who either did not respect the rules that apply to protecting tenancy deposits or who did not return a deposit, is as follows:

  • Tenancy agreement
  • Proof that you paid a deposit and to whom it was paid whether it was a landlord or an agency
  • Any correspondence you may have had with a landlord relating to your tenancy deposit
  • Proof that you paid your rent throughout your tenancy
  • Proof that you searched deposit protection agencies online

How Much Tenancy Deposit Compensation Would I Get?

As previously touched upon, if a landlord does not return the full amount of your deposit at the end of your tenancy or they keep part of it without giving good reason, you could file a claim for compensation against them. With this said, if your case succeeds, you could be awarded up to three time the amount of your original tenancy deposit.

Do I Have to Tell My Landlord That I Am Making a Deposit Compensation Claim?

You would need to send your landlord a formal letter informing them of your intention to make a deposit compensation claim against them which is referred to as a “letter before action”. If you are unsure on how to go about doing this, you should contact a legal expert who would be happy to do this on your behalf.

The formal letter needs to contain the following information:

  • The details of the tenancy deposit compensation claim

If your landlord failed to “protect” your tenancy deposit, you could be entitled to file a court action against them too and the same applies if they only gave you back some of the deposit having made “unreasonable” deductions. It is worth noting that the majority of landlords choose to give back a deposit to avoid having to go to court which could mean they have to meet costly legal fees too.

Do I Have to Go to Court If I Make a Deposit Compensation Claim?

As previously mentioned, most landlords prefer to give back tenancy deposits they withhold because they want to avoid court action and the legal costs this could entail. If your landlord makes you an out of court settlement, you should ask for legal advice from a solicitor before accepting it.

What Would Happen if My Landlord Wants to Take My Deposit Compensation Claim to Court?

When a landlord wants to dispute a tenancy deposit compensation claim and therefore wants the case to go to court, it is far better to have legal representation. A legal expert would prepare your case and they would ensure that you have all the required evidence to support your claim against your landlord.

A judge would listen to both sides and may ask questions if needed before they come to a ruling. Should a judge decide in your favour, they would then establish how much tenancy deposit compensation your landlord would have to pay you. If it is found that a landlord failed to “protect” your tenancy deposit, the judge may fine them for having breached the regulations.

Useful Links

If you are having trouble with a landlord who is not willing to return your tenancy deposit and you would like more information on the rules that apply to deposit protection, please follow the link provided below:

The rules that apply to tenancy deposit protection

To find out more about assured tenancy agreements, please click on the link below:

Assured tenancy agreements explained

To learn more about tenancy deposit protection schemes, please follow the link provided below:

 

Tenancy Deposit Compensation Guide Tenancy Deposit Compensation Guide
How Do I Make a Successful Criminal Injuries Compensation Claim? – CICA Online Claims Help Guide

How Do I Make a Successful Criminal Injuries Compensation Claim? – CICA Online Claims Help Guide

Criminal Injuries CICA Free Advice On Payouts
If you were the victim of a violent crime and would like more information on whether your case would entitle you to make a claim through the Criminal Injury Compensation Authority, there are rules that apply to the scheme which must be respected. As such, seeking legal advice from a criminal injury lawyer prior to filing a claim to the CICA would be advisable.

To find out more about when to claim compensation through the CICA for criminal injury and whether your case would be accepted by the authority, please read on.

What is the Criminal Injury Compensation Scheme?

The Criminal Injuries Compensation Authority allows blameless victims of violent crime the opportunity of seeking compensation through a government-funded scheme. It is worth noting that in certain cases, an innocent victim of a crime of violence may also claim other losses when making a claim through the CICA scheme. The authority has two levels of compensation which are based on scheduled tariffs for specific types of injury a blameless victim sustains. There are two schemes that run concurrently which are as follows:

  • One CICA scheme compensates blameless victims of crimes of violence which occurred prior to 2012
  • The other scheme covers innocent victims of violent crimes that occurred after 2008

Compensation awarded through the CICA scheme also covers the following:

  • Sexual abuse
  • Rape
  • Child abuse

Do I Need to Wait For a Court Ruling Before Claiming Through the CICA?

As a victim of a violent crime, you do not have to wait for the outcome of a court hearing to file a claim for compensation through the CICA scheme. There are several reasons for this which are as follows:

  • A claim filed through the CICA would not be dealt with any quicker because your assailant is convicted
  • You risk falling foul of the 2 year deadline if you wait for a court ruling that convicts your assailant

It is worth noting that the Criminal Injuries Compensation Authority does not accept that missing the 2 year time limit because you waited for a court ruling before making a claim through the scheme justifies missing the statutory deadline.

What Reasons Would the CICA Not Accept if I Miss the Deadline?

If you have any unspent convictions, you would not be entitled to file a claim through the CICA because it would be rejected by the authority. As such, you must wait for any unspent convictions against you to be “spent” prior to making a CICA claim. An example being that most “fines” that you may have received would be “spent” after twelve months of them being issued but it is always best to seek legal advice from a solicitor to ensure there are no unspent fines against you. Should your claim through CICA be rejected because you have unspent fines, you would not be permitted to reapply at a later date.

Can I Still Claim Through the CICA if I Have a Life Limiting Health Condition?

A solicitor with vast experience in handling claims through the Criminal Injuries Compensation Authority may ensure that a case be expedited so that a victim receives their award before they pass away. As such, it is always worth contacting a lawyer for legal advice as soon as you decide you would like to seek compensation through the scheme.

Do I Have to Report a Violent Crime to the Police to Make a Claim Through the CICA?

For the Criminal Injuries Compensation Authority to accept a claim through the scheme, you would need to provide the authority with a Police report. Not only would you need to have reported the incident to the Police, but you must also be seen to be co-operating with the Police throughout the process. If you are uncooperative in any way, the CICA could throw out your claim.

There may be many reasons why you appear to be uncooperative with the Police which could include the following:

  • You forget to return a call to the Police
  • You are frightened of repercussions against yourself and/or your family

Although these reasons are quite genuine, the CICA would still reject your case citing non-cooperation with the Police.

What Other Things Could Affect My Claim Through the CICA?

There are other reasons why the Criminal Injury Compensation Authority may reject a claim some of which are as follows:

  • If, after you submit a claim to the CICA, you commit a crime yourself

An example being that should you suffer any injuries during a robbery and then you commit a drink driving offence, the CICA would reject your case.

What Does Making a CICA Claim Involve?

There are rules and specific criteria that must be met for a claim to be accepted by the Criminal Injuries Compensation Authority. These are as follows bearing in mind that compensation may be awarded for any violent crime against an innocent victim that left them injured:

  • That the incident was reported to the Police and a crime reference number was issued
  • The value of the injuries sustained are over £1,000
  • The 2 year time limit must be respected unless historic sexual abuse compensation is sought through the CICA
  • That a person is the blameless victim of a violent crime that left them suffering from injuries. You cannot be deemed to have “provoked” an attack or be the cause of a crime
  • That the victim of a violent crime does not have any previous convictions against them nor can they be deemed to be of a “dubious character”
  • Compensation awarded through the CICA scheme is based on what is referred to as “fixed tariff” as set out in the 2008 and 2012 schemes
  • If the person is the victim of violence in a family environment, they would only be awarded compensation through the CICA scheme if the assailant does not benefit from the award they are compensated

It is worth noting that specific things are excluded from the CICA scheme which are as follows:

  • Road traffic offences – you would need to file a Motor Insurers’ Bureau claim – MIB
  • You would not be awarded compensation for loss of property

Criminal Injuries CICA Free Advice On Payouts

When Would a CICA Claim Be Settled?

The usual timescale for receiving compensation through the CICA scheme is anything from 12 to 18 months. However, the more complex a CICA claim is, the longer it could take for you to receive the compensation you seek. Should your injuries have left you suffering from any sort of health condition that requires long-term therapy or treatment, it could mean that a settlement takes a lot longer to reach. With this said, if your CICA claim is not complicated, you could receive a payment through the scheme much sooner which could be in several weeks.

If you are a minor, the amount of compensation you are awarded through the Scheme would be held in a account that the CICA controls. This is an interest-bearing account which a minor would be entitled to receive when they are 18 years old. If the person claiming compensation through the Scheme is not able to make decisions on their own, the compensation they receive could be held in trust.

Are There Any Reasons Why a CICA Claim Could be Delayed?

Each claim that the CICA accepts is treated on its own merits which, in short means that the time it takes to receive compensation can vary from case to case. Some cases that are very complicated need more information to support a claim which can add to the length of time before a settlement is received. This could be for the following reasons:

  • Extra medical reports are required
  • More information from the Police is needed
  • If a case involves abuse, the CICA may need more evidence to support a claim if an assailant has not been convicted
  • If a claimant requires ongoing therapy or a prognosis has not been reached, the CICA may wait until a decision is determined

If your claim takes a long time to reach a settlement, you could be entitled to an “interim payment” to ensure that you are not put under the extra pressure of being put under any sort of financial stress.

Are There Any Benefits of Asking a Solicitor To Help File a CICA Claim?

There are many rules that you must abide by for a CICA claim to be accepted. You have to get it right from the outset and avoid any of the pitfalls that could see a compensation claim through the scheme rejected. If you don’t follow the procedure correctly it could cause unnecessary delays. As such, a solicitor would be able to offer valuable legal advice, they would advise you on the sort of evidence you would be required to provide which includes medical reports, a police reference number and any other information the police could provide to support your claim for compensation through the CICA scheme.

What Can I Do If My CICA Claim is Turned Down?

If your CICA claim is turned down, you have the right to request for the authority’s decision be reviewed. However, there is a strict deadline that must be respected if you want to challenge a CICA decision. This means your request must be submitted quickly. As such, it is best to have the expertise of a criminal injury lawyer do this for you.

You also have the “right” to file an appeal if you do not agree with the review and again it is better for a solicitor to handle this for you so that time limits and the information required to appeal a review are respected.

When Should I Not Apply For Compensation Through the CICA for Criminal Injury?

If you wait for too long to file an application for criminal injury compensation through the CICA scheme, you could find that you run out of time. The authority is extremely strict when it comes to deadlines which means that should you be a day late in sending in your application, your case would be turned down.

If you have any “unspent” convictions, you should not send in an application to CICA for compensation for criminal injury because the authority will reject your case out of hand. There is no discretion when it comes to “unspent” convictions. And once your case is rejected by the authority, you cannot reapply,

You should seek the advice of a solicitor prior to submitting an application to the CICA so they can establish that you have not unspent convictions. Should there be any, the solicitor would recommend you wait until the convictions are “spent”.

If you have not cooperated with the Police, your application would be turned down and this could include having not returned a Police call, or because you were injured or when you did contact the Police, they failed to call you back. You must make sure that the Police will back you up when making an application to the Criminal Injury Compensation Authority and if they do not, your case would be rejected.

Make Sure Your Injury Entitles to Make a Claim For Compensation Through the CICA Scheme

You should always seek legal advice from a criminal injury lawyer prior to making a claim for criminal injury compensation through the CICA. The reason being that many claims are rejected by the authority because an injury sustained in a violent crime is not included in the 2012 tariff of injuries scheme. An example being as follows:

  • You would not receive compensation for a broken nose – the exception being if it is an ethmoid bone that has been damaged. This is the bone that is found at the top of your nose which joins your eye socket to your skull

Do Not Fall Foul of the Deadline When Claiming Compensation Through the CICA

You must respect the strict CICA time limit for applying for compensation for criminal injury through the Scheme. A lot of claims are turned down because applicants ran out of time. A solicitor would ensure that you respect the 2 year time limit and ensure that sufficient evidence and information regarding your case is gathered as quickly as possible so it can be submitted to the Criminal Injuries Compensation Authority.

If your claim is for psychological injury, you must provide a medical report from a clinical psychiatrist or psychologist for your claim to be accepted by the CICA. If you do not have this medical report or you provide one that your GP or therapist provided, your claim would be rejected by the authority

Would a Solicitor Work On My CICA Claim on No Win No Fee Terms?

A criminal injury lawyer would first assess your case by offering you a no obligation, initial consultation for which there would be no charge. Once a lawyer has determined that case would entitle you to seek compensation through the CICA scheme, they would normally work on a No Win No Fee basis with you. This entitles the lawyer to begin their investigations straight away with having to ask for an upfront fee/retainer to do so.

You would not have to pay the lawyer any ongoing fees as your case progresses and the only time the “agreed percentage” as set out in the Conditional Fee Agreement would come due, is when the CICA settles your claim for compensation through their Scheme. The amount  due is taken from the money you are awarded by the lawyer who represented you. Should your case be unsuccessful, there would no fees to pay for the services that a criminal injury lawyer provided when representing you in a CICA compensation claim.

Informative Links

If you were the victim of an assault or a violent crime and you suffered injuries whether physical or psychological and would like to know more about how to make a claim through the CICA scheme, please follow the link provided below:

How to apply for a CICA payment

If you lost a loved one in a crime of violence, the following link provides essential reading on your right to seek bereavement compensation through the CICA scheme:

Compensation for a bereavement

To find out more about nationality and residency criteria associated with CICA claims for compensation, please follow the link below:

More about nationality and criteria 

To find out more about “balance of probabilities” that the CICA uses to assess a claim, please follow the link provided below:

More about Balance of Probabilities

 

Criminal Injuries CICA Free Advice On Payouts

October 13, 20195 commentsRead More
Compensation for Being Stabbed Criminal Injuries Guide – Stab Injuries Amounts & Payouts Calculator

Compensation for Being Stabbed Criminal Injuries Guide – Stab Injuries Amounts & Payouts Calculator

Criminal Injuries CICA Free Advice On Payouts
If you were the victim of a violent incident and suffered stab injuries, you may be able to claim compensation through the Criminal Injuries Compensation Authority – CICA. However, the authority only considers a case if a stab wound causes an injury to you. In short, the stabbing itself and the wound you sustain is all too often not “claimable” whereas the injury the stabbing caused you would be.

To find out more about compensation for stab injuries through the CICA scheme and how to go about seeking legal advice and filing a claim, please read on.

What Sort of Stab Injuries Do the CICA Deem Claimable?

Any sort of stab wound would typically leave you with some type of scar. If you are thinking about seeking compensation by filing a claim through the CICA scheme, you would need to provide photos of the scars you sustained which would determine whether your claim would be eligible. With this said, a solicitor would be able to judge whether the stab wound you suffered left you with scars that are significant enough to be visible from anything to 1.5 to 4 feet away. An example would be if you were left with a facial scar that is just under 1 inch in length, your stab injury compensation claim could be upheld.

Would The CICA Award Compensation if I Suffered a Stab Wound to the Body?

If you suffered a stab wound to the body, it may prove more challenging to be awarded compensation through the CICA. The reason being that the authority does not pay compensation to people who suffered “puncture” wounds. However, should a stab wound to your body be 1.5 ins or longer in length, the CICA may consider a claim to be valid.

The best thing to do should you want to determine whether a stab wound to the body could entitle you to seek compensation through the Criminal Injuries Scheme, is to contact a solicitor who would request that you provide photos of the wound you sustained and the scarring that it left you with for them to establish whether it would worth your while filing a stab wound claim for compensation through the CICA.

Are There Any Other Injuries Associated with Stab Wounds That the CICA Would Consider?

All too often a stabbing can result in you suffering damage to tendons found in your arms and legs. If this is so, your claim for compensation through the CICA would be deemed valid if the tendon damage causes you ongoing problems and difficulties. Other injuries associated with stab wounds that the CICA would consider includes the following:

  • Punctured lung
  • Punctured organs – examples being the pancreas of spleen

The CICA scheme would also pay compensation for stab wounds that leave you with multiple organ damage that requires surgical intervention to repair.

What Other Criteria Must I Meet if I File a Stab Wound Claim For Compensation to CICA?

For a stab wound claim for compensation through the CICA scheme to be valid, you would need to prove that you were the “blameless victim” of a crime against you. If you ran after a person and they turned round and stabbed you with a knife, the CICA would not deem you to be an “innocent” victim because you chased after your assailant.

Another reason why the CICA would not pay stab wound compensation to victims include the following:

  • If you have previous “unspent criminal convictions”

If you are unsure whether you have any unspent criminal convictions, you should contact a solicitor who would check to ensure there are none and that any previous convictions are “spent” so that you can make an application to the CICA. If it is found that there are “unspent” convictions against you, the solicitor would typically recommend that you wait until they are spent before seeking stab wound compensation through the CICA.

In short, you may have to wait for a period of time before filing your claim, bearing in mind that if you make an application to CICA and you have “unspent” convictions, you would not be able to reapply for compensation through the scheme if your application is turned down.

Criminal Injuries CICA Free Advice On Payouts

How Long Would I Have to Wait For Stab Wound Compensation Through the CICA?

The process of filing a stab wound for compensation through the CICA scheme does not involve waiting for the Crown Prosecution Service’s decision on whether they would prosecute an assailant or not. This can be the cause of a delay and could mean that you run out of time because should the CPS decide that a prosecution would be brought against an assailant, it would mean waiting for a Police report to be released which would be when the trial is over. In short, this could mean that a claim through the CICA scheme could be delayed by several months.

As such, it is advisable for you to seek legal advice from a solicitor as soon as you can. The reason being that you would not be obliged to wait for the outcome of a trial in order to file a stab wound claim for compensation through the CICA. The reason being that should you wait, you might find the delay means that you cannot meet the strict 2 year deadline associated with criminal injury claims through the Scheme.

What is the Time Limit to Making a Stab Wound Claim Through the CICA?

The time limit you would have to respect if you are thinking about making a stab wound injury claim for compensation through the CICA scheme, is 2 years from the date of the incident. You can check whether your claim falls within the statutory time limit associated with CICA claims by contacting the authority directly.

The only time that the CICA would think about extending the deadline to filing a compensation claim through their scheme could be because of the following:

  • If the incident occurred when you were under 18 years old. The 2 year deadline would begin from your 18th birthday. You do have the right to file a criminal injury claim before this date should you want to
  • If the stabbing left you suffering from serious psychological problems which as a result meant you could not make a criminal injury claim within the statutory deadline to do so. You would need to provide a medical report supporting your claim which has to be provided by a Consultant Psychiatrist or Psychologist for the CICA to consider your case for compensation through their scheme

Another reason why the CICA may consider extending the deadline could be for exceptional circumstances which could include the following:

  • More enquiries are needed which would be carried out by the claim’s officer who deals with your case

It is worth noting that the sooner you file a criminal injury claim, once the Police report is released, your case would then move on to the next stage of the process, namely getting medical evidence to support your stab wound injury claim.

Do I Need a Police Report to Claim Compensation for Stab Injuries Through the CICA?

For a compensation claim to be accepted by the CICA, you must have a Police report detailing the incident in which you were stabbed and injured. As such, you must report the incident to the authorities as soon as you can so that you obtain a Police report reference number. Without a Police report, your claim for compensation through the scheme would not be accepted.

Ideally, you should have contacted the Police as soon as it was feasibly possible which should be immediately after you sustained a stab injury. If you cannot report the incident to the Police, you would need to provide a good reason for the delay for the CICA to uphold a claim for compensation. A CICA claim’s officer would then assess whether the reason for the delay is acceptable and that you could not have reported the crime to the Police any earlier.

What Delays in Reporting a Stabbing to Police Would Be Acceptable to CICA?

The Criminal Injuries Compensation Authority may consider any of the following reasons for not having reported a stabbing to the Police as valid:

  • You were too young when the incident occurred
  • You lacked the mental capacity to report the incident
  • The injuries you sustained were so severe, you could not report the incident

With this said, the Criminal Injuries Compensation Authority always recommends that any crime of violence which includes stabbing, should be reported to the authorities, namely the Police.

What is the CICA Procedure When Deciding a Criminal Injury Claim?

Decisions that the CICA come to in criminal injury claims are based on the “balance of probabilities” unlike how rulings are come to through the Criminal Court where “beyond reasonable doubt” has to be proved. However, because there are rules that must be respected for a claims to be accepted through the CICA scheme, it is best to contact a lawyer who would walk you through the process once they are happy that your stab injury claim would be accepted.

By having the expertise of a lawyer advise you from the outset means that you would avoid falling foul of any legal pitfalls that could see a stab injury claim being turned down before it even begins.

Would A Solicitor Help Me File a Stab Injury Claim Through the CICA?

The Criminal Injuries Compensation Scheme was set up to ensure that blameless victims of crimes of violence have an opportunity to seek compensation for injuries they suffered whether physical or psychological. However, for your case to be accepted by the CICA, you would have to meet the very strict criteria as set out by the scheme. With this said, it is far better to seek legal advice before going ahead with your CICA claim. The reason being that there are extremely strict rules and time limits that have to be respected to avoid having your case rejected by the authority.

Any errors made at the outset could result in long delays with a CICA application for the injuries you sustained in a stabbing. Criminal injury lawyers have vast experience in handling criminal injury claims and know that deadlines have to be kept. Lawyers know that the evidence you can provide is key to your case being accepted and not rejected by the CICA.

What Advantage is There to Having Legal Representation if I File a Stab Injury Claim?

As previously mentioned, filing a criminal injury claim can be a complex legal process where sufficient evidence is needed to prove you were the blameless victim of a violent crime. The criteria that is set out in the Scheme must be met and as such, having a solicitor’s legal expertise working on your case from the outset offers many benefits and advantages some of which are listed below:

  • A criminal injury lawyer would ensure that you have no “unspent convictions” before making your application to the CICA
  • They would make sure that the stab injury you sustained entitles you to make an application for compensation through the Scheme
  • The lawyer would ensure that you have adequate evidence proving that you were the blameless victim of a crime of violence

These are just some of the benefits of having legal representation when making an application for compensation through the Criminal Injuries Compensation Authority.

Would a No Win No Fee Solicitor Represent Me if I Seek Compensation for Stab Injuries Through the CICA Scheme?

A No Win No Fee lawyer would need to satisfy themselves that you were the innocent victim of a crime of violence and that you did not contribute in any way to the stabbing incident in which your suffered injuries. The solicitor would determine whether you have a case that would be accepted by the Criminal Injuries Compensation Authority by offering you a free, initial complication and you would be under no obligation to continue with a claim should you decide not to proceed.

Once this has been established, the solicitor would typically offer No Win No Fee terms when filing a claim through the CICA scheme for stab injury compensation. You would not have to pay the solicitor a retainer or any ongoing fees as your claim progresses. The only time you would pay for the legal representation and advice you received from a criminal injury lawyer would be when you receive the stab injury compensation through the CICA scheme and the amount would be directly deducted from the amount the authority awards you.

Informative Links

If you were a blameless victim of a crime of violence and suffered stab wounds, the link below takes you to the Victim Support website where you will find essential support for those you have been subjected to this type of traumatic incident:

Victim Support

To find out more on how the Criminal Injuries Compensation Authority works and the type of injuries innocent victims of violence can be compensated, please follow the link provided below:

The Criminal Injuries Compensation Authority

To find out more on how to “appeal” a decision made by the CICA, please follow the link provided below which takes you to the Gov.UK website where you will find essential reading on the topic:

How to file a CICA decision
Criminal Injuries CICA Free Advice On Payouts

October 9, 20192 commentsRead More