Criminal injury compensation claims can be made if a person or their close relative has suffered a violent crime within the last two years. The exception to the two year time limit is in cases of abuse.
All the claims are made from the Criminal Injuries Compensation Authority (CICA) which was setup to compensate victims of violent and abusive crimes. They do not compensate damage or loss of property.
The CICA has twenty five different levels of compensation and the amount of compensation paid out as a result of a criminal injury claim depends on what happened, how severe injuries and mental anguish were, and personal circumstances.
As long as there is clear evidence that a violent crime took place, CICA tends to pay out and they have no interest in avoiding paying out compensation as this defeats the object of the organisation.
To qualify for CICA compensation as a victim of violent or abusive crime you must have:
- Completed the appropriate CICA compensation form
- Be an “innocent victim of a violent crime”
- Received a psychological or physical injury as a result of the violent crime
As a relative of someone who has died as a result of a crime, you must have:
- Been a close relative to the victim: Parent, spouse, child or partner
- Have completed the appropriate application form within two years of the victim’s death
If you had a close relationship with the victim of the violent or abusive crime, you must have:
- Been present at the time of the crime, or been involved in the aftermath of the crime
- Suffered psychological injury through involvement with the crime and the victim
- Completed the appropriate application form within two years of the crime
In addition the following requirements must be met:
- The crime must have been committed in the England, Scotland, or Wales
- The crime must fall under the CICA compensation scheme – i.e. violent or abusive
- You must be the victim, or a close relative of a victim who died as a result of the crime
- The injury sustained required a minimum of 6 month recovery time, and two follow up visits to a doctor
- The compensation warranted is a minimum of £1000
- There has been no prior claim for compensation or application for compensation outside of the CICA
- You reported the crime to the police as soon as possible
Parents and guardians of children who have been injured by crime do not normally have to meet the above requirements, but you should check on the www.cica.gov.uk website for more information.
Criminal Injury Compensation Claim
If you meet the above requirements and can provide the appropriate evidence that shows that you do then there should be few or no barriers to receiving CICA compensation for your criminal injury. The CICA however may refuse compensation if you provoked or were somehow involved in the crime.
If you are refused compensation you can appeal by contacting Criminal Injuries Compensation Appeals Panel which is an independent body.
If your health or medical condition worsens you maybe able to claim further compensation by requesting the CICA reopen your case.
If you are concerned that you will not obtain CICA compensation and want legal advice, you can obtain it from most injury solicitors. It is important to be aware that the CICA will not pay legal fees and meeting the legal cost will be down to you.