In this guide, we will look at some examples of Criminal Injuries Compensation Authority (CICA) payouts. If you’ve been injured in a violent crime, you might think that there is no channel through which you can claim compensation. However, this is not the case.
There are compensation options for people who experienced violent crime and a government-funded organisation called the Criminal Injuries Compensation Authority (CICA) could help. In our article, we discuss how you could make a claim through the CICA.
If you are reading this as someone who has been injured in a violent attack and would like more information on pursuing a claim, our friendly advisors are on hand to help you. Simply get in touch via:
- 0161 225 8181
- The live chat feature to the bottom-right of this screen
- Or our website
Otherwise, read on for more information on how much you could receive in a claim through the CICA.
What Could You Get A CICA Payout For?
If you have been the victim of a serious crime such as assault or rape, this can cause physical repercussions that impact your quality of life. For example, you might have experienced a broken cheekbone or a dental injury as a result of the attack. You might even be left with lasting, permanent scarring that affects your appearance.
Furthermore, you could experience severe psychological repercussions after a violent crime. You might experience anxiety or stress when you’re in similar environments to the one where the incident happened. In some cases, you might suffer from Post-Traumatic Stress Disorder (PTSD) as a result
You may be able to pursue a claim for compensation against the perpetrator directly. However, in order for this to apply, you would need to know who the perpetrator of the crime is.
The perpetrator of the crime would also need to have the funds available to pay you compensation. If they don’t, then you could be entitled to claim through the CICA.
However, you might have some questions. For instance, you might be asking ‘how much compensation will I get from the CICA?” and “should I accept the first offer from the CICA?”. If so, we can help.
At Public Interest Lawyers we aim to offer you the necessary advice so that you feel confident in pursuing the compensation you’re entitled to. By arming you with the facts and showing examples of CICA payouts, we hope to give you the information you need.
Who Could Make A CICA Claim?
In order to make a CICA claim, you must have been injured in a crime of violence that happened in England, Scotland, Wales or another relevant place. For example, you may have been attacked, harmed or threatened by an act of a violent nature. Sexual assault and arson attacks would also be classed as a crime of violence. It’s worth noting that the incident will need to be reported to the police before you can start your claim.
Additionally, if you were witness to the immediate aftermath of an incident where your loved one was criminally injured and you suffered a disabling mental health injury as a result, you could have grounds for a valid claim. For example, if you found your partner after they were attacked, you might suffer symptoms of post-traumatic stress disorder (PTSD). Therefore, you may be able to claim a CICA PTSD payout.
If you are bereaved because of a crime of violence, whether or not you witnessed the incident or aftermath, you could still claim. However, you will need to be a qualifying relative, such as a spouse or civil partner who lived with the victim before their death. A parent or child of the deceased will also be eligible to claim through the CICA.
Continue reading to learn about examples of CICA payouts. Alternatively, contact us at a time that is convenient for you. Our advisors work around the clock to answer your questions and won’t charge you a penny for their friendly advice.
Examples Of What The CICA Payouts Could Be Claimed For
In order to claim compensation, you need to have been injured as a result of a crime of violence. This doesn’t just include physical injuries; mental injuries can be compensated for, too.
According to the CICA Scheme, a “crime of violence” could include:
- A physical attack;
- An act or omission of a violent nature that causes someone to be physically injured;
- A threat against someone that leads them to become fearful of immediate violence;
- Sexual assault or rape; or
- Arson
In order to claim compensation through the CICA, you need to have reported the incident to the police. This should be done as soon as possible after the incident. Usually, it would be expected that you do so immediately, but if exceptional circumstances have stopped this from happening then this can be considered.
Below, we’ve included some offences outlined by the Crown Prosecution Service (CPS) that you may be able to make a claim through the CICA for:
- Assault- Where someone intentionally acts in a way that causes another person to suffer or apprehend immediate unlawful violence. This can include being assaulted by battery, where someone administers intentional or reckless unlawful force on another person
- Actual Bodily Harm (ABH)- Where someone has caused harm to a person’s body through the intentional application of unlawful force.
- Grievous Bodily Harm (GBH)- As above, this occurs where someone has caused harm to a person’s body through the intentional application of unlawful force. However, the injuries will usually be more severe than in GBH.
What Evidence Do You Need To Claim?
As we have already mentioned, it’s really important that you report the incident to the police as soon as possible to generate a police report. If you fail to do this, you may not be successful in claiming compensation for your injuries.
It’s also important that you provide evidence as to how your injuries have affected you. For instance, you may provide medical records to show that you have been diagnosed with a particular condition or injury. Furthermore, a medical assessment can also be arranged as part of your claim. The report from this assessment can be used to value your claim.
If you’re claiming “special expenses”, which is money to cover certain financial costs incurred by your accident, you will be asked to provide proof that these costs are necessary, reasonable and directly caused by the incident. You’ll also need to show that you cannot get these special expenses elsewhere for free.
You might also be asked to provide other evidence if you’re including other costs and expenses as part of your claim. For example, you can claim for loss of earnings, but you will need to show that:
- You were off work for at least 28 full weeks following the incident (you will not be compensated for the first 28 weeks); and
- You have an established work history of at least 3 years or a good reason for not having this history.
If you’d like to know more, why not speak with one of our advisors today? They can offer you free legal advice.
Assault Compensation Payouts – Claim Time Limits
If you’ve been injured by an act that is deemed to be criminal, compensation payouts are generally awarded by the CICA. However, it may be possible in some cases to claim directly against your attacker. But you need to know who they are and they need to have the funds to compensate you for this to be possible. Due to this, this can be less common than making a CICA claim.
The way you make your claim affects how long you have to do so. When making a claim through the CICA, you typically have 2 years from the date of the incident. However, certain exceptions may be made in extenuating circumstances.
With claims made against a specific individual, the claim must typically be started within 3 years. However, as with CICA claims, this time limit can be frozen for some groups.
To find out more about time limits and the criminal injury compensation tariff, get in touch with our advisors today.
CICA Calculator – How Is Compensation Calculated?
You may be wondering, ‘how is compensation calculated in criminal injury claims?’.
As we have previously stated, you could claim compensation for your physical and psychological injuries through the CICA if you have been injured in a crime of violence. A CICA calculator could help you gain a clearer idea of how much you could be owed in compensation. However, it will not be able to take into account any special expenses you could be eligible for.
What Is The Criminal Injury Compensation Tariff?
As part of your claim through the CICA, you may be expected to prove that you have pursued criminal injuries compensation through other means, such as a personal injury claim. If the person you are claiming against can be identified and has the means to compensate you, you can pursue a personal injury claim instead of making a CICA claim.
If you can pursue a personal injury claim against your attacker, your compensation will not be calculated using the criminal injury compensation tariff. Instead, for your pain and suffering, the Judicial College Guidelines (JCG) will be used to aid calculations.
Additionally, when you make a personal injury claim against the attacker, you can claim the full value of each injury you suffered.
Call our advisors today to discuss whether you could pursue a personal injury claim instead.
What else are criminal compensation payouts made up of?
Criminal compensation payouts can be made up of more than just the figures above that relate to the physical or mental effects of the injury sustained. When making CICA claims, you can also potentially receive compensation for special expenses. These relate to certain financial losses that you’ve incurred because of the injury.
To claim for special expenses, the criminal injury must be serious enough for you to have either lost earnings or lost the ability to earn for at least 28 full weeks. Examples of special expenses you could claim for include:
- Treatment costs through the NHS
- Equipment required to help with your injury. This can include physical aids, such as crutches or wheelchairs.
- Home adaptations. This can include a stairlift or ramp being installed.
To claim for this, you would need evidence (such as receipts or invoices) that clearly show the cost of the expenses. Furthermore, you would also need to prove that the costs were required, and the services were unable to be found for free or at a lower price.
To learn more about this, you can get in touch and our advisors can offer free legal advice. You can contact us at a time that suits you using the above details.
I Made a Claim Through the CICA. Should I Accept The First Offer?
CICA payouts are based on factors such as the extent of your injury, the length of the recovery time and if any permanent health issues were caused. As mentioned above, should your claim be successful, the CICA calculate the criminal injuries compensation through their tariff outlined in The Criminal Injuries Compensation Scheme 2012.
Ultimately, as every claim is unique, we’re unable to confirm if you should accept the first offer supplied by the CICA. However, if you feel that the amount of compensation offered to you is too low, there is a procedure you can follow.
You can fill out an appeal form if you disagree with the amount offered. To submit your appeal, you would need to fill out that form and provide the decision letter from the CICA along with any supporting documents. The tribunal can:
- Uphold the CICA’s decision, meaning that you would receive the amount of CICA compensation they originally offered.
- Reduce or increase the award from what you were originally offered.
- Completely remove the award so you receive no compensation at all.
- Request that the CICA re-evaluate the case.
To learn more about the claims process and to see if you’re eligible to claim, please contact us for free legal advice using the above details.
Get Legal Help With Your CICA Claim
If you have found our article on examples of CICA payouts helpful, you might be ready to take action and begin a CICA claim. Should you seek legal advice ahead of claiming through the criminal injury compensation tariff, our advisors can speak to you free of charge. You can get in touch at whatever time is best for you.
After a free consultation, you won’t be obligated to continue using our services. However, if you want to be connected to an expert criminal injury solicitor from our panel, our advisors could arrange this. With years of experience, the solicitors on our panel can cover all bases of your claim. Additionally, they could offer you a type of No Win No Fee contract called a Conditional Fee Agreement.
Under this arrangement, you won’t have to pay your solicitor for their work if your claim is not successful. You’ll also typically receive the following benefits:
- No upfront fees
- Ongoing fees are covered
- No surprise charges
If your claim succeeds, you need only pay them a success fee. This comes directly from your compensation and is legally capped.
To find out more about working with our panel of No Win No Fee solicitors, speak to our advisors for free via the following methods:
- Call our 24/7 line on 0161 225 8181
- Visit our contact us page to request a call back
- Pop up to an online claim advisors using the live chat service on your screen
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