Getting involved in a violent crime is a harrowing experience for most survivors. It often leaves one with physical and psychological scars. If you or your husband, wife, partner, parent, or child has sustained injuries from a violent crime, you may be entitled to compensation for your injuries.
In today’s post, we’ll go about the process of making a criminal injury claim. If you sustained an injury from crimes of violence, read on to find out how you can be awarded up to a maximum of £500k as compensation.
Criminal Injuries Compensation Scheme (CICS): What Is It?
The CICS is a government-funded scheme intended to compensate innocent victims whose lives have been seriously disrupted through no fault of their own following a violent crime. People who have suffered head injuries are especially given priority and are more likely to receive bigger compensation.
There are very specific conditions and time constraints governing which claims are considered. Solicitors will be able to advise on eligibility and make a claim under the scheme.
Criminal Injuries Compensation Authority (CICA): What You Should Know
The Criminal Injuries Compensation Authority (CICA) manages compensation claims from victims of violent crimes. It was set up to assist those who had suffered physical or phycological injury as a result of being a victim of crime in England, Wales and Scotland. The authority is mainly responsible for administering the government’s Criminal Injuries Compensation Scheme (CICS).
What Type of Claims Do They Consider?
The Criminal Injuries Compensation Authority (CICA) may send payment to the following crimes under the CICS:
- death caused by a violent crime (compensation includes bereavement payments, funeral payments, and payments for loss of parental services and financial dependency)
- loss of earnings where a victim’s or survivor’s ability to work has been temporarily or permanently affected as a direct result of the crime
- mental or physical injury following a violent crime
- physical or sexual abuse
- special expenses (these are the costs incurred as a direct result of being a victim of violent crime, but these are only recoverable if the victim were left unable to work or incapacitated for 28 weeks or more)
How to Successfully File a Criminal Injury Claim?
Not all compensation claims are successful under the CICS. That is why it is crucial for people who sustained injury from crimes to work with an experienced solicitor who can advise and represent them. Persons filing a claim must be eligible under the rules of the scheme if they meet the following criteria:
- They must be a direct victim of a crime of violence (someone who was directly injured).
- The incident must have been reported to the relevant authority as soon as reasonably practicable.
- If the victim were injured while trying to stop an offender or prevent/remedy the consequences of a crime, or while helping the police to do so, they may be eligible for compensation as long as they can prove they were taking an exceptional risk and the risk was completely justified.
- The victim witnessed a loved one being injured as a result of a violent crime, or they were present in the immediate aftermath of the incident.
- The claimant is the child or dependent of someone who dies as a result of a violent crime. (This includes adult children).
- They meet the residency or nationality requirements.
Crimes are often not reported to the police immediately. This is especially true for sexual assault or sexual abuse cases. If the victim delays going to the police, they will need to explain why. An experienced solicitor can assist with this.
They will take into account the different circumstances of the case, including the age of the victim at the time of the crime. They will also look at whether the victim lacked the mental capacity to report the incident, or whether the seriousness of their injuries meant they could not report the crime straight away.
How Long Does It Take to Assess Criminal Injury Claims?
The time it takes for criminal injury compensation claims to be assessed will depend on their complexity. On average, criminal injury claims can take up to 12 months to be processed. When working with an experienced solicitor, persons filing criminal injury claims can be confident that there will be no hold-ups due to the CICA not having all the information and requirements they require.
Work with Haymans Solicitors to Process Your Claim
Have you recently sustained an injury from crimes of violence? Let an experienced solicitor from our team help you with your claim. We are the ones you can rely on when it comes to personal injury claims.
We can quickly answer any questions the CICA may have regarding your application on your behalf. Please phone our office in Leeds on 01132 49 49 49 and on 01706 39 33 33 for our Rochdale team.