Victims of violent crimes that leaves them injured or if their property was lost or damaged in an incident, can claim compensation whether through the CICA system or through the courts, but this would depend on the type of crime they were subjected to. If you suffered a criminal injury, you would need to show that you were the innocent victim of a “crime of violence” for your claim to be valid and there are other criteria that must be met before seeking compensation for injuries or property damage you suffered at the hands of an assailant.
To find out if you claim for compensation for a criminal injury would be valid whether through the Criminal Injuries Compensation Scheme or through civil action, please read on.
What is the Definition of an Assault?
The UK law defines an “assault” as follows:
- Any form of physical attack or a threat to harm another human being
Should you have suffered an injury and your assailant assaulted you with the intention of injuring you, it could entitle you to file for damages either through the court system or through the CICA system. Before filling out an online application to the authority, it is always a good idea to seek legal advice from a criminal injury lawyer beforehand. If you choose to file a civil action against your assailant, you should discuss your case with a lawyer first to make sure that you have enough evidence to prove your case before a judge.
The reason being that there are rules that need to be respected for a claim to be accepted by the CICA and the evidence that you provide is a key factor as to whether your case would be accepted or rejected by the authority. A criminal injury lawyer would also be able to determine whether your case against an assailant would be strong enough to be upheld by a judge should the solicitor recommend you file legal action against your attacker through the courts.
An experienced criminal injury solicitor would offer crucial advice on how to proceed and would establish whether you have a strong enough criminal injury claim for the CICA to consider paying you the compensation you deserve having been the innocent victim of a violent crime.
Claiming Through the Criminal Injuries Scheme
If you were physically or psychologically injured in a violent crime against you, you could be entitled to file for compensation through a government’s scheme which is administered by the Criminal Injuries Compensation Authority – CICA. You could be awarded a sum of money for the injuries you sustained in the incident whether your assailant was apprehended or not. However, the process of making a CICA claim for compensation can be a complicated legal process and as such, it is always advisable to seek legal advice and representation before proceeding with a claim for Criminal Injury Compensation (CIC).
Claiming Compensation Through the Court System
Your assailant may have been convicted of the crime they committed against you in which case, the court may rule that they pay you compensation for the injuries, loss or damaged property you suffered at their hands, bearing in mind that often an attacker may not have the money to pay you any compensation even if a courts rules that they do.
The court could rule they pay you compensation for the following:
- Personal injuries you suffered
- The pain and suffering you had to endure
- Any losses you suffered through theft
- Any damage that was done to your property
- Any losses through fraud
- Any losses you incurred due to taking time off work
- The medical expenses you incurred as a direct result of the injuries you suffered
- The travel expenses you paid out to receive treatment for the injuries you sustained
For your claim to be valid you would need to provide the following:
- The crime number the Police gave you when you reported the crime to them
- The details of your injury, the loss or damage to your property
The Police would present your case to the Crown Prosecution Service (CPS) and a date for court would be set if it is felt there is enough evidence against your assailant. As previously mentioned, this type of claim can be complex and as such, having a personal injury lawyer represent you can make this legal process a lot easier to understand and it means you would avoid the many legal pitfalls that could scupper your criminal injury claim against your attacker from the outset.
What is the CICA Scheme?
The Criminal Injuries Compensation Scheme is government-funded and was set up to compensate blameless victims of crime in the UK. However, there are rules that must be respected when claiming compensation through the CICA scheme and you would need to provide as much evidence as you can to prove that your did not provoke an incident that left you injured or with damaged or lost property.
As previously mentioned, applying for compensation to the CICA can be a complicated process which is why it is essential to seek legal advice before submitting an application to the CICA to avoid your claim being set back or even rejected by the authority. A criminal injury lawyer would provide essential legal advice on how best to proceed before you fill out the necessary online application for Criminal Injury Compensation (CIC).
Are There Different Types of Assault?
When it comes to “assault”, there are 4 categories for which you may be able to claim compensation, bearing in mind that you would be entitled to claim if you suffered physical or psychological injuries or not.
- Sexual assault – covers any sort of sexual behaviour or contact which happens without consent and includes stalking, groping, an alcohol or drug-facilitated assault of a sexual nature, rape and child sexual assault
- Common assault – covers when somebody is slapped or they are hit but have no visible injuries or marks
- Assault causing actual bodily harm – covers more serious assaults where a victim suffers visible injuries which includes scratches, bruising and/or cuts
- Assault causing grievous bodily harm – covers the most serious violent assault on another person where an assailant intentionally causes serious harm to the victim
If you need advice and help when it comes to establishing whether you have a strong case of criminal injury, it is best to discuss the circumstances surrounding the incident with an experience criminal injury lawyer. They would quickly determine whether you should seek compensation through the CICA scheme or by taking out civil action against your assailant should they have been convicted of the assault against you.
What Type of Assault Could I Claim Compensation For?
Every assault case is treated as a serious but unique crime. However, as previously mentioned, there are several types of assault that you could claim compensation for whether through the CICA or through the civil courts which are listed below:
- Domestic assault – this includes physical and sexual assault on a child
- Sexual assault
- An unprovoked attack
- Aggravated assault
- Assault with a weapon
- Mugging
- Assault in the Workplace
- Criminal assault
- Assault that leads to a fatality
If you were injured or suffered mental trauma having been the blameless victim of some sort of violent crime, you should contact a criminal injury lawyer who has years of experience in dealing with this type of claim. The solicitor would offer valuable legal advice on how best to proceed with your criminal injuries claim which could help speed up what is often a lengthy legal process.
Is It Possible to Claim Criminal Injuries Compensation if My Assailant is Not Caught?
It would not matter that your assailant remains unknown or has not been convicted of the criminal assault against you. However, you must provide evidence that you were indeed the innocent victim of the crime against you for your case to be accepted whether through the CICA scheme or through a civil action and that you did not provoke the incident that left you injured in any way.
You can claim compensation for both the physical and mental injuries you suffered having been the blameless victim of a violent crime against you. It is also worth noting that whether you sustained physical or mental injuries or not, you are still entitled to seek compensation if you were the innocent victim of a violent crime and the incident occurred in England, Scotland and Wales.
Would My Assault Claim Be Accepted By The Criminal Injuries Compensation Authority?
All people in England, Scotland and Wales who are injured having been subjected to violent crimes are entitled to apply for compensation by submitting a claim to the Criminal Injuries Compensation Authority – CICA. However, for your claim to be accepted by the authority, your injuries must be included in the authority’s “tariff of injuries”.
With this said, the injuries you sustained must meet the CICA’s criteria which is set out in the tariff of injuries scheme. When you make a claim through the scheme, the following must apply to your case:
- You were the blameless of the crime committed against you
- Your personal injury is listed in CICA’s tariff of injuries and that you suffered them as a result of having been the innocent victim of a violent crime in England, Wales or Scotland
- You reported the crime to the Police and co-operated fully with the authorities throughout the investigation
The Criminal Injuries Compensation Authority has the right to reject a claim submitted to them or to reduce the amount awarded if you have any “unspent criminal convictions” against you or if you provide incorrect, false or misleading information about yourself and the incident that left you with injuries whether physical or psychological.
What is the Time Limit to Submitting a Compensation Claim to the CICA?
An application for compensation through the CICA scheme would typically need to be filed within 2 years of you having been the blameless victim of a violent crime. However, the authority has the discretion to waive the deadline in some instances, an example being that your injuries were such they prevented you from seeking compensation within the required CICA deadline.
What is the Process of Making a Criminal Injury Claim to the CICA?
If you would like to make a claim through the CICA scheme, the process starts by filling out an online application form. Following this procedure, the process progresses as follows:
- The Criminal Injuries Compensation Authority would start an investigation into your criminal injury claim with an end goal being to determine whether you are eligible to receive compensation through the CICA scheme. Should the authority come to a decision that you are not eligible, you have the right to lodge an appeal through the Criminal Injuries Compensation Tribunal
- If the amount of compensation offered by the Criminal Injuries Compensation Authority is too low you have the right to seek a higher amount by filing an appeal through the tribunal
- If the authority accepts your criminal injury claim, you would be awarded a level of compensation as set out in the CICA tariff of injuries which would reflect the injury and damage you suffered having been the innocent victim of a violent crime
It is always recommended that you seek legal advice before filling out an online application for compensation through the CICA scheme because it is essential to get everything right from the outset to avoid any unnecessary delays or your claim being rejected by the authority. You would also be entitled to receive compensation for your loss of earnings, a loss of capacity to earn a wage in the future and mental injuries you suffered as a result of the violent crime committed against you providing you have evidence to support all of these claims.
What Level of Assault Compensation Can I Claim Through the CICA Scheme?
The level of compensation you could be awarded through the CICA scheme would depend on how severe your injuries are and how they have impacted both your physical and mental well-being. The awards that the Criminal Injuries Compensation Authority may award can range from £1,000 right up to £500,000.
You would be entitled to include the following in a claim made to the CICA:
- Loss of earnings both immediate and future – the amount you receive is limited to the current rate of Statutory Sick Pay at the time of your settlement
- The cost of care should you require help as a direct result of the injuries you suffered
- Any court of protection fees – if you do not have the mental capacity to deal with your own financial affairs
If you seek mental distress or injuries in a CICA claim, you would need to provide a medical report that must be done by either a psychiatrist or clinical psychologist. The authority would not consider any medical reports regarding your mental health that are provided by your own GP or therapist should you be seeing on.
Who Is Entitled to Claim Compensation for a Criminal Injury?
You can claim compensation through CICA if you suffered injuries in a violent crime whether these were physical or psychological injuries. You can claim Criminal Injury Compensation even if you did not sustain any sort of injury. People who have been subjected to the following violent crimes are entitled to seek compensation through the Criminal Injuries Compensation scheme:
- Having been assaulted
- Subjected to sexual and physical abuse
- Having been involved in a hit and run accident
- Being subjected to infant assaults
- Being the victim of a terrorist attack
A victim must have reported the incident that left them injured to the Police as soon as reasonably possible following the assault and must have been helpful as the investigation progresses. With this said, you can file a claim for compensation through the CICA scheme even if your assailant has not been identified, caught or convicted.
You would also have to the right to claim compensation on behalf of another person through the CICA scheme if the following applies to the criminal injury case:
- If one of your children was a victim of a violent crime and they are still under the age of 18
- If a relative does not have the mental capacity to come to their own legal decisions
- If a loved one dies as a direct result of having been subjected to a violent crime
If you need advice and support when seeking criminal injury compensation through the Criminal Injuries Compensation Scheme, a criminal injury lawyer with years of experience would provide essential legal advice on whether you have a strong claim and if it would be upheld by the authority prior to filling out the online application form.
Could I Make a No Win No Fee Assault Claim?
Because the Criminal Injuries Compensation Authority has strict rules that have to be respected when making a claim through the CICA scheme, you should seek legal advice from the outset to avoid having your case rejected by the authority. Once a criminal injury solicitor has managed to assess your case which they would do by offering you a free, no obligation, initial consultation, they would offer to work with you on a No Win No Fee basis if they feel your case is strong enough to be accepted by the Criminal Injuries Compensation Authority.
This means you would not have to find the money to pay the solicitor an upfront fee because they would deduct their fees from the amount of compensation you receive from the CICA when they pay you a settlement that would be based on the CICA tariff of injuries and which would include any other losses and damages you incurred as a direct result of the injuries you suffered having been the blameless victim of a violent crime.
If your violent assault claim is rejected by the authority, you would not have to pay the solicitor anything for the legal advice and representation they provided because you signed a Conditional Fee Agreement with them when they agreed to take on your criminal injury claim through the Criminal Injuries Compensation Scheme. However, you have the right to file an appeal against the CICA decision with the Criminal Injury Compensation Tribunal but you should always seek legal advice from a criminal injury lawyer before doing so.