If you were the victim of abuse or a sexual assault or you were the victim of violent crime that left you with a psychological or physical injury, you may be entitled to file a claim for compensation through the Criminal Injuries Compensation Authority (CICA) which is a Government run scheme. However, there are specific criteria that apply to a CICA claim which includes that you suffered your injury through no fault of your own at the hands of a third party or parties. To find out more about this type of claim and what it entails, please read on.
Advice on Time Limits
The Time Limit For A Payout On Each CICA case can be different get advice on time limits here https://www.legalexpert.co.uk/criminal-injury/cica-criminal-injuries-compensation-calculator/ also calculate the amount you could claim and get free advice through online live chat or a free phone call.
What is a CICA Claim?
The CICA was established in 1996 as an Executive Branch of the Ministry of Justice and its role is to run a scheme for compensation to those who are the victims of violent crime, abuse and sexual assault. Every year, over 30,000 claims are successfully filed under the Scheme offering financial help to those who need it most. As previously mentioned, there are specific criteria that must be met when filing a CICA claim, but the Scheme is open to people who suffered psychological or physical injuries through no fault of their own, providing they are able to meet the criteria. The amount you would be awarded in a CICA claim would depend on the severity of your injuries, but typical payouts can be anything from £1,000 to £500,000.
The New CICA Scheme 2012
When the new CICA scheme was established in 2012, it stipulated that you could no longer file a claim for minor injuries.
How do I File a CICA Claim?
You would need to have filed a police report on an incident or circumstance that left you physically or psychologically traumatised. You could be entitled to file for compensation even if an assailant has not been identified, caught or convicted through a criminal court. The Scheme provides a good route for compensation should the following apply:
- If it is doubtful whether your claim would be successful when filed in a civil court
- An assailant has insufficient funds/assets or insurance to pay out a settlement
It is worth noting that when filing a CICA claim, unlike in a criminal court where “beyond reasonable doubt” is used as a basis for a verdict, CICA claims are based on a “balance of probabilities”.
What is the Time Limit for a CICA Claim?
You have 2 years from the date of an incident to file a CICA claim against a third party. With this said, there are “exceptional” circumstances that could allow you to extend this time limit. The same applies if you were a minor when an incident occurred. You would not have to wait for the outcome of a criminal trial to be decided to submit a CICA claim either which would be a mistake given the time limit attached to this type of government run compensation scheme.
With this said, often the police and the CPS may tell you not to file a CICA claim before a criminal trial has been concluded, but this could put you in danger of running “out of time” and could even negatively impact your claim for compensation through the Scheme. Should you follow the advice offered by either the CPS or the police, you must ask for them to put this in writing which you can then use as evidence as to why you are late in submitting your CICA claim.
Criminal Injuries CICA Free Advice On Payouts
How Long Does It Take for a CICA Claim to be Paid Out?
The Criminal Injuries Compensation Authority typically pays out on successful claims within a timescale of 12 to 18 months, but it does depend on the complexity of your case and the level of compensation that is involved. High value claims which involve ongoing treatment and medical care can take much longer to settle. With this said, you may be entitled to an “interim payment” should this be the case.
You may find that you receive a CICA payment sooner, this can be within 4 weeks of having accepted their offer which you must do on a successful claim. Should the compensation be awarded to a minor, the amount would be held in an interest-bearing account that is controlled by the CICA until the minor reaches the age of 18. Should the compensation be awarded to a person who is unable to make their own decisions, the money awarded may be held in trust for them.
Why are Some CICA Claims Delayed?
There is no set time when it comes to CICA claims payouts because each claim is treated as unique and therefore the time needed to assess a claim can vary. Some claims are more complex and therefore more information is required which could involve reports provided by either the police or medical experts. Should your case involve abuse and the assailant has not been convicted by a court, more information and evidence may be needed for CICA to reach a decision on your claim which can slow the process down considerably.
Should your injuries require ongoing treatment, and/or a prognosis has not been determined, CICA would not come to a decision until an outcome can be determined. However, in most of these instances, you would be entitled to receive what is known as an “interim payment” which is set up to prevent any financial hardship you may experience as a result of being the victim of a criminal act of violence.
Do You Need Help Filing Your Criminal Injury Compensation Claim?
Getting help with your CICA claim could not be easier but it is important to get things right from the word go to prevent any delays or your claim being turned down. As with most compensation claims, filling out the necessary forms and providing the correct information takes time which is why many people choose to seek help and support from LegalExperts.co.uk. With years of experience in handling this type of claim, you can be sure the process would go smoothly and that you receive the compensation you deserve, sooner rather than later.
Download your CICA form here:
Criminal Injuries CICA Free Advice On Payouts
Criminal Injury Compensation Form
CICA helpline