criminal injury

Awards of compensation are made by a Government-funded scheme operated by the Criminal Injuries Compensation Authority (CICA).  The Scheme provides a ‘tariff’ or list of injuries for which compensation can be paid and provides the sum payable for each type of injury.

To be awarded compensation you must have suffered an injury which is sufficiently serious to be classified for an award.  The injury must have occurred in England, Scotland or Wales; Northern Ireland has its own scheme, as do many other jurisdictions.  Injury includes sexual abuse and can, in certain circumstances, include disease and mental injury.  The injury must have been caused by a ‘crime of violence’. 

Compensation can be refused where a victim has failed to report the crime to the police or fails to co-operate with either the police or the CICA.  The CICA is also able to withhold or reduce compensation where a victim’s behaviour before, during or after the incident is such that it is felt an award is inappropriate.  A common example is a fight where both parties are culpable. 

There are special rules which apply to cases where the person who has carried out the ‘criminal injury’ lives at the same address as the person who wishes to claim.  The main aim of the rules is to ensure that the person carrying out crimes of this nature cannot benefit from an award.  In cases involving children the CICA has to be satisfied that payment would also be in the child's interests. In cases where the victim dies following a criminal assault, special rules apply.

do you need legal help?

The scheme provides that legal assistance is not necessary.  However, it is our experience that many cases are turned down or compensation is reduced under the rules, and in some cases we would advise that this decision should be challenged.  In serious injury cases, compensation offered is very often insufficient given the nature of the injury, its effects upon the victim and the financial losses likely to be suffered by the victim in the longer term.

This is particularly important in catastrophic injury cases. Legal help is of more importance where the injury suffered has been serious. 

Call a criminal injury solicitor on 0870 143 3191