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How Can A Criminal Injury Solicitor Help Me In Making a CICA Claim for Compensation?

How Can A Criminal Injury Solicitor Help Me In Making a CICA Claim for Compensation?

October 9, 2019 3:25 am6 comments

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If you were the victim of a violent crime and you were left with either physical or psychological injuries, you could be entitled to seek compensation through the CICA for the pain, distress and suffering you had to endure. However, to qualify for compensation through the Scheme, you would need to prove that you were the blameless victim of the crime of violence that was committed against you. Because there are many rules to follow when filing a CICA claim, it is far better to seek legal advice from the outset.

To find out more about seeking compensation through the CICA scheme and how to find a Criminal Injury Solicitor near you, please read on.

The Criminal Injury Compensation Scheme

The CICA – Criminal Injuries Compensation Scheme – was set up so that innocent victims of a crime of violence can seek compensation. The Scheme is government-funded and awards people who have been subjected to violence an opportunity to be compensated for the pain and suffering they endured. With this said, the CICA does sometimes consider compensating victims for losses they sustained too. The authority compensates victims of violent crimes such as the following:

  • Rape
  • Sexual abuse
  • Child abuse
  • Historic sexual abuse 

If you were the victim of a violent crime and you would like to seek compensation through the CICA scheme, you would need to meet specific criteria and follow the strict rules that apply to this type of government-funded compensation scheme. A lawyer has vast experience in dealing with criminal injuries claims and understands that the strict time limit has to be respected for an application to be accepted by the CICA under the scheme. As such, it is far better to discuss your case with a criminal injury solicitor prior to filling out the online CICA application form.

A Criminal Injury Lawyer Would Check Whether An Application to the CICA Would be Valid

Not only would you have to show that you were the innocent victim of a violent crime for your application to be accepted by the Criminal Injuries Compensation Authority, you would also need to show that your injuries are included in the CICA 2012 tariff of injuries that are covered by the scheme. The quickest way of doing this is to contact a criminal injury solicitor as soon as possible. You can find lawyer who specialises in criminal injury claims by going online.

A Criminal Injury Lawyer Would Ensure You are Eligible to Make a CICA Claim

A criminal injury lawyer would ensure that you are eligible to make a CICA claim by checking the following:

  • That you were the victim of an assault or crime of violence
  • That you were not to blame for the incident in any way
  • That you were injured when you took “reasonable” steps to prevent or stop the crime of violence against you
  • That you were psychologically damaged because you witnessed a loved one being assaulted or a victim of a violent crime

A Criminal Injury Lawyer Would Ensure the 2 Year Time Limit For a CICA Claim is Respected

Criminal Injury Solicitor Help Criminal Injury Solicitor Help

There is a strict 2 year time limit for CICA claims to be accepted. The only time this deadline may be extended is because historic sexual abuse is part of a case. Many claims to the CICA are rejected because applications are submitted too late. Even if you miss the deadline by one day, the authority would reject your application. As such, if you are worried about running out of time or think you may need more evidence to support a claim, this could include medical reports detailing any psychological injury you suffered, you must contact a lawyer sooner rather than later to avoid falling foul of the 2 year time limit.

A Criminal Injury Lawyer Would Ensure You Provide Adequate Evidence to Support a CICA Claim?

The Criminal Injuries Compensation Authority applies strict rules to all applications through the Scheme which must be respected. If they are not, your case would be rejected by the authority. The other thing to bear in mind, is that only specific injuries are covered by the Scheme and as such, if you do suffer injuries in a violent crime, you would have to ensure that the injury you sustained is in fact listed in the CICA tariff of injuries. If your injury is not listed, your application would be turned down by the authority.

Can I Make a Claim Through the CICA Before the Outcome of a Court Ruling?

If you were the victim of a violent crime and your assailant was caught and arrested, you do not have to wait for the outcome of a trial in order to make an application for compensation through the CICA scheme. A solicitor has vast experience when it comes to understanding that time limits have to be respected and are familiar with the sort of evidence that is needed to support a criminal injury claim through the CICA scheme. The reasons why a criminal injury lawyer would recommend that you send in your application to the CICA before hearing the outcome of a trial include the following:

  • Just because an assailant has been convicted through the courts for the crime of violence committed against you does not mean that a claim application would be dealt with any faster
  • If you wait for the outcome of a trial, you run the risk of missing the strict 2 year deadline associated with making a claim for compensation through the CICA scheme

The authority would not accept any delays even if you file a claim through the scheme one day after the 2 year time limit expires.

Are There Any Reasons the CICA Would Accept a Late Application to the Scheme?

An application that is submitted late to the CICA would typically be rejected. However, should a claim involve historic sexual abuse, the authority would extend the deadline. If when submitting a claim on time and it is found that you have “unspent convictions”, your application would be rejected and you would not be able to reapply once your conviction is “spent”. A criminal injuries lawyer would ensure that you do not have any unspent convictions prior to filing an application for compensation through the CICA scheme. If they find that you do have convictions which are unspent, the lawyer would recommend that you wait until the convictions are “spent” before submitting your claim to the authority.

Can a Criminal Injury Lawyer Help Me Make a Claim Through the CICA if I Have a Life-limiting Medical Condition?

If you were the innocent victim of a crime of violence and you have a life-limiting medical condition, a criminal injury lawyer would work hard to ensure that you are awarded compensation through the CICA scheme before you pass away. This means that the authority could not stop your claim for compensation. If the injuries you suffer are so severe you pass away, close relatives may make an application for compensation through the CICA scheme. This would include:

  • A partner or spouse
  • A parental guardian
  • Natural and adoptive parents
  • The victim’s children and their step-children

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A Criminal Injury Lawyer Would Ensure You Reported the Crime to the Police

All crimes of violence must be reported to the Police if the victim wants to claim compensation through the CICA scheme. If you do not report the incident to the Police, your application to the Criminal Injuries Compensation Authority would be rejected. If you suffered injuries in a crime of violence, you should contact a criminal injury lawyer as soon as possible so they can offer essential advice on how to proceed in filing your application to the CICA. The lawyer would ensure that you have the required Police crime reference number which must be sent in with your application to the CICA.

Why Would the CICA Reject My Application to the Scheme?

The Criminal Injuries Compensation Authority may reject your application for compensation for the following reasons, even if you have sufficient evidence proving that you were the blameless victim of a violent crime:

  • You did not report the incident to the Police
  • You were uncooperative with the Police
  • You were uncooperative with the CICA
  • The injuries you suffered are not deemed serious enough to qualify for compensation through the CICA scheme
  • You have a criminal conviction
  • You have a previous record of violence
  • You previously applied to the CICA for the same injury
  • The act of violence against you occurred outside of the UK
  • You failed to submit your application to the CICA on time

A criminal injury lawyer would ensure that none of the above applies to your application for compensation through the CICA. They would work hard to ensure that a claim runs smoothly without any delays or risks of a case being rejected. Another reason why your application for compensation through the CICA scheme could be turned down would be because of the following:

  • You commit a crime yourself after having submitted your application to the CICA – an example being you are caught drink driving and are convicted of an offence

What Level of Compensation Could I Get Through the CICA Scheme?

The Criminal Injuries Compensation Authority bases the amount they award on a tariff system which links in with the nature of an injury whether physical or psychological. With this said, the amount you may be awarded would depend on several things which includes the following:

  • The severity of the injuries you suffered – both physical and psychological

As such, you may receive anything from £1,000 right up to £500,000 bearing in mind that an injury must be deemed serious enough for your application to be accepted and that the CICA sets a minimum of £1,000 for a claim to be upheld.

What Does the CICA Pay Compensation For?

As previously mentioned, the CICA pays compensation to innocent victims of crimes of violence or assault. If the authority accepts your claim for compensation, they would consider including the following in the amount you receive:

  • Compensation for the injuries you sustained
  • Special expenses which could include home adaptations and care costs
  • Any loss of earnings you incurred
  • Fatal awards which includes bereavement, child and family dependency, funeral expenses

A criminal injury lawyer would ensure that the CICA takes into consideration all of the above when they are calculating the amount of criminal injury compensation you may be awarded having been the blameless victim of a crime of violence.

How Long Does It Take for CICA to Settle a Claim for Compensation Through the Scheme?

The CICA typically comes to a decision on how much compensation you may receive in 12 to 18 months but this would depend on the complexity of your case and the severity of the injuries you sustained having been the victim of a violent crime or an assault against you. If your injuries whether physical or psychological, are extremely severe and therefore you require ongoing therapy or long-term treatment, your case could take longer to settle. Should this be the case, a criminal injury lawyer would ensure that you receive “interim” payments so that you are not put under any unnecessary financial stress at a time when you need to focus on your health and well-being. It is worth noting that should the violent crime or the assault have taken place when you were a minor, the CICA would hold the amount of compensation you are awarded in a bank account that is controlled by the authority. Should you not be able to make decisions for yourself, the money you receive would be held in trust for you.

Would a Criminal Injury Lawyer Represent Me On No Win No Fee Terms in a CICA Claim?

A criminal injury lawyer would first establish that you are entitled to file an application for compensation through the CICA scheme and that the injuries you sustained are included in the CICA tariff of injuries. They would also need to establish that you in no way contributed to the crime of violence and once this has been determined, a criminal injury lawyer would typically offer to represent you on No Win No Fee terms.

This means that the criminal injury lawyer you contact would begin their investigations as soon as possible without having to request that you may them a retainer and there would be no ongoing payments to be made as your case progresses either. The only time a payment would be due is when you are awarded compensation through the CICA scheme and the amount would be deducted from the money you receive. This means that you would not have to find the funds to pay a criminal injury lawyer as the amount is taken out of the criminal injury compensation you receive through the CICA scheme.

Informative Links

If you were the victim of a violent crime or an assault and would like to know more about the Criminal Injuries Compensation Scheme, the following link takes you to the Government website where you will find more indepth information on the topic:

The Criminal Injuries Compensation Scheme

To find out more about the rules regarding reporting a violent crime or an assault to the Police if you want to make an application for compensation through the CICA scheme, the link provided below offers essential reading on the topic:

More about reporting a violent crime or an assault to the Police

If you would like more information regarding the evidence you would need to provide the CICA if you intend on making an application for compensation through the Scheme, please click on the link provided below:

Evidence required when filing a compensation claim through the CICA scheme
Criminal Injuries CICA Free Advice On Payouts