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.
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