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Criminal Injury Compensation Claim
How can Wosskow Brown Solicitors help you claim for compensation after a criminal injury?
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Our No Win No Fee agreement means you can pursue a personal injury claim following a criminal injury, without having to worry about paying any upfront legal costs. Should your compensation claim be unsuccessful, our No Win No Fee agreement can provide you with the peace of mind that you won’t be charged, and left out of pocket. You shouldn’t be put off making a criminal injury compensation claim due to any financial risk, allowing you to rightfully seek the compensation you deserve following a criminal injury that wasn’t your fault.
Criminal Injury Compensation Claims
Being the victim of a violent crime or assault can be extremely distressing, especially if you or a loved one have been injured or experienced psychological trauma as a result. Due to the consequences of this kind of incident more than likely being no fault of your own, you could be entitled to claim compensation from the CICA.
The CICA or Criminal Injuries Compensation Authority is a government scheme set up to compensate innocent victims of violent crime. Since it was set up in 1996, the CICA has helped thousands secure compensation for criminal injuries. The compensation settlements mean victims can get the support they need to get their life back on track. Victims might be subjects of criminal assault or abuse or have been injured due to justified risk, such as assisting a police officer or preventing a crime.
Am I eligible for a criminal injury compensation claim?
The CICA has set out some conditions of the scheme, which must be met by victims before they can be considered eligible for compensation.
- Injuries as a result of a violent crime
- The incident was reported to the police as soon as reasonably possible to do so
- You have cooperated with police enquiries and investigations
- The incident happened or was reported, within the last two years of making the claim (this time limit may be waived under exceptional circumstances)
- The incident occurred in the UK
If the above conditions are not met, you have already applied for an injury under the scheme, or have a criminal record you may likely be refused compensation.
What can I claim compensation for following a criminal injury?
The amount of compensation received is determined by the CICA and depends on the individual circumstances of the incident and the severity of the injuries sustained.
Upon deciding your compensation settlement amount, the following are likely to be considered:
- General damages - Injuries, pain and suffering
- Special damages - Such as private treatments, rehabilitation, home adaptations
- Loss of earnings
- Bereavement payments
- Child dependency payments
- Family dependency payments
- Funeral costs
How do I apply for criminal injury compensation?
Making a criminal injury compensation claim can to some seem daunting, and can be a complex process. Our expert Personal Injury Team can help you claim compensation from the CICA, following a range of different incidents you may have fallen victim to.
Even if the perpetrator of the crime is never identified, caught or convicted, you may still be able to obtain some compensation. So even if you are unsure of your entitlement, it’s worth giving us a call and talking to a member of the team who can provide a free initial consultation, where they will assess your claim.
The information we will require in order to do this is:
- The contact details of any medical expert who has provided treatment in relation to the incident
- The police reference number of the reported incident
- If known, the name of the offender
- The date of any court case, if available
Give us a call today, and we can help you understand the process and answer any questions you have.
Frequently Asked Questions
How much compensation can I claim?
Probably one of the most common questions asked by clients when first enquiring about a personal injury they have suffered, is ‘how much compensation am I entitled to?’ Or ‘how much is my claim worth?’
It’s incredibly hard to say how much compensation you are entitled to following a criminal injury, as compensation is based on your pain, suffering and loss of amenity. Due to the different circumstances, this is based on it means no two claims are the same, and all are treated individually.
To get a better idea of this, it helps to know how a claim is calculated. Take a look at our "How much compensation can I claim?" guide to understand all the factors involved in calculating your compensation claim.
How long will my claim take?
Each case is different, and the amount of time your claim will take all depends on you and your recovery; therefore it isn’t possible to provide a definite timescale, but we estimate that a typical criminal injury compensation claim will take around 18 months.
It is important to wait until the full extent of your injuries has been made clear before making your final claim; otherwise, the amount of compensation you receive will not be comparative to the injuries you have suffered. Claims involving serious and complex injuries can sometimes take several years due to the complexity of issues and time required to assess the true value of the injuries.
The time frames are also dependant upon the Defendant admitting liability and not raising any other issues in respect of the claim. If liability is admitted promptly, and your injuries are not life-altering, it’s possible for your claim to be finalised within a few months. However, if the other party denies fault, the claim can take longer.
How long do I have to make my claim?
Generally, a person has 2 years from the date of their injury to make a criminal injury claim; or court proceedings must have begun within this time period.
There are some exceptions to this, which our Personal Injury team would be able to advise you on. For example, for a child, the time limit begins on their 18th birthday, and there is no limit for anyone who does not have mental capacity.
We would strongly advise contacting us as soon as possible after an incident, allowing as much evidence to be persevered as possible, to help your case.
Can I claim lost earnings?
Will I need to attend a medical appointment?
It is normal to have medical appointments, in order to gain a fair and reasonable insight into the extent of your injuries. By doing so, it can ensure you get the maximum amount of compensation you deserve.
I haven’t been to my GP or Hospital - Can I still claim?
Yes but given that you have not sought any medical attention your injuries may be seen as minor in nature.
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