The Criminal Injury Compensation Solicitors make claims under the CICA Scheme which initially came into force in 1995 and was substantially amended in 2001 and again in 2008. Criminal Injuries Compensation Authority (CICA) claims officers determine solicitors applications for compensation which may be reviewed by more senior officers and ultimately appealed to an independent Appeals Panel the members of which are appointed by the Secretary of State.
Our criminal injury compensation solicitors deal with applications to the CICA on a no win no fee basis. Our lawyers are completely independent of the CICA and if one of our claims is unsuccessful, for any reason whatsoever, our criminal injury compensation solicitors will not make any charge. Our CICA claims are completely risk free and you do not have to pay for any expenses during the course of the claim. Our criminal injury compensation solicitors have a client centred approach and will focus entirely on your needs by providing vigorous and committed expert representation to ensure that you receive fair and equitable compensation for your physical or psychological injuries. If you would like free advice on the telephone, without obligation, just call the helpline or complete the contact form or email our offices. If after talking to us you decide not to take your criminal injuries compensation claim further you are under no obligation to do so and you will not pay for our advice.
Compensation for trauma may be paid to an applicant who has suffered mental or physical injury or where the victim has died, to a dependent. Qualifying personal injuries include :-
In the event of a fatality caused by criminal activity there are a number of classes of people including dependents who can claim an award from the CICA. The amount of the award paid to a sole claimant is a fixed sum however if there is more than one claimant the fixed sum paid to each claimant is half the amount. In addition a person who is not in one of these classes who has paid the funeral expenses can claim a reasonable amount to cover these expenses.
People who can claim include :-
Criminal injury compensation is not payable in the following circumstances :-
It may affect your criminal injury compensation claim if :-
The CICA was established to administer compensation in the UK to violent crime victims . There are certain requirements as follows :-
The Criminal Injury Compensation Scheme 2008 does not require that an assailant is convicted of a criminal offence in order for the victim to claim compensation which can still be claimed even where the assailant cannot be convicted by reason of age, insanity or diplomatic immunity.
Approximately 550 staff work for the CICA in administration at the Home Office and the Scottish Executive offices in Glasgow and London to process criminal injuries compensation claims from the victims of violent crime throughout England, Scotland and Wales. Northern Ireland has its own separate scheme. Over £200,000,000 is distributed to over 70,000 applicants for compensation every year.
The aim of the scheme is to recognise physical and mental injuries, caused by crimes of violence and where appropriate to compensate for pain and suffering, lost salary and certain special expenses which may include compensation for bereavement and for the lost earnings of a deceased person.
Upon receipt of a completed claim form from a criminal injury compensation solicitor the CICA will acknowledge receipt and allocate a personal reference number and will thereafter make enquiries of the police, doctors, hospitals and any other relevant organisations. Due to different circumstances attaching to each claim there is a wide variation in the time taken for the CICA to come to a decision on whether or not to grant an award and how much the compensation should be. Over 90% of criminal injuries compensation claims are resolved within 12 months of receipt of the application but cases where there is a criminal trial and cases involving future loss of earnings or future medical expenses may take longer. The average time for determination of a claim is 8 months.
In the event of an initial decision by the CICA being unsatisfactory to the applicant then it can be reviewed by a more senior officer within the CICA. If the outcome of the review is also unsatisfactory an appeal can be made by a criminal injury compensation solicitor to an Appeals Panel, which is independent of the CICA.
If the decision of the Appeals Panel is unsatisfactory due to poor administration a complaint can be made to the The Parliamentary Commissioner for Administration (the Ombudsman). If you want to make a complaint to the Ombudsman in England and Wales, you must write to your MP. If you want to complain to the Scottish Public Service Ombudsman, you should write to:
The Scottish Public Services Ombudsman
23 Walker Street
Criminal injury compensation solicitors instructed to claim damages for injury sustained as a result of violent crime can use one of the three methods outlined below and while all may result in an award of compensation, only claims made to the Criminal Injuries Compensation Authority (CICA) are guaranteed to be paid.
The CICA is a government funded organisation that provides financial compensation to innocent victims of violent crime. The fund is available to all UK residents who may instruct criminal injury compensation solicitors to make application for an award following physical injury or mental trauma that resulted from a violent crime such as robbery, rape, child abuse, sexual assault among others. To qualify for compensation the injuries must have needed medical attention on at least 2 occasions and taken more than 6 weeks to heal. Compensation is also available to relatives of a victim who suffered fatal injury. The maximum compensation available in respect to fatal injury claims is �500,000.
After conviction a judge may order the offender to compensate the victim for personal injury and any other losses. In this case the Crown Prosecution Service, in consultation with the victim will make the request to the court. Unfortunately the award is often limited and many offenders fail to pay it.
A victim also has the option of pursuing compensation using the civil court system however this is only viable if the offender possesses substantial assets. It is highly recommended that the victim hires a competent solicitor, who will not only represent them, but also ensure that they receive fair and full compensation for their loss. In a civil suit compensation is not capped.
The administration of criminal injuries compensation claims made before 1 April 1996 were determined on the same basis as for a personal injury claim in the civil courts however in 1996 the system changed to a tariff scheme whereby each injury attracts a fixed payment.
The value of a claim is assessed by reference to a tariff table whereby each specific trauma is assigned a value which is set out in the schedule. A total of three injuries can be considered with second and third injuries being discounted. Damages can be reduced or refused in cetain circumstances the most common being if the claimant has not fully co-operated with the police or has 'unspent' criminal convictions. The claimants behaviour before, during or after the incident causing injury is also considered and scheduled tariff payments can be reduced or refused if such behaviour is unacceptable within the scheme.
The CICA tariff scheme assigns an injury to one of 25 tariff bands. The band range is �1,000 to �250,000. Victims receive compensation for their three worst injuries. The worst Injury is awarded full value and awards for the second and third worst injuries are reduced by set percentage rates. The total personal injury award is subject to a cap of �250,000.
Victims who have been incapacitated for more than 28 weeks can seek compensation for lost wages, however the compensation will only be considered for period following the expiry of 28 weeks.
Other expenses that your criminal injury compensation solicitors can pursue for you include:
Under the Criminal Injury Compensation Scheme 2008 loss of salary can only be claimed for losses incurred for the period after 28 weeks absence from work. Nothing is payable for the first 28 weeks incapacity. In addition there are certain special expenses that can be claimed by those that qualify for wages loss compensation including :-
Our criminal injury compensation solicitors offer legal representation on behalf of innocent victims of violent crime. By applying the �no win no fee� principle� our clients are assured that a failed CICA application for compensation will not attract any fees. Further, clients are not required to fund the claims process or pay any money upfront. Under appropriate circumstances, our solicitors will appeal CICA decisions should your claim be declined or if the award amount is insufficient. Call us on our helpline to speak to a solicitor about your claim. You can also complete the contact form or send us an email. Our solicitors will provide you with legal advice at no cost on criminal injury compensation claims with no further obligation.HELPLINE: ☎ 0330 660 7004