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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

October 24, 2019 10:29 pm3 comments

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