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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

October 24, 2019 10:11 pm6 comments

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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”

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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