By Danielle Newton. Last Updated 1st June 2023. If you’ve been the victim of a crime, you may be wondering, “can victims of crime claim compensation?” This guide will confirm the methods you could use to claim, the criteria for making a criminal injury claim and the benefits of using a No Win No Fee solicitor from our panel.
Can victims of crime claim compensation? A guide
If you prefer, you can contact our advisors 24/7 at a time that suits you. They provide free legal advice and can inform you if you’re eligible to claim. They can even provide you with a compensation estimate. Furthermore, they can put you through to a specialised criminal injury solicitor from our panel.
However, please remember that if you contact us, there’s no obligation for you to use our services to claim. Use the details below to contact us at a time that works for you.
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Please read on to learn more about claiming for injuries sustained as the result of a violent crime.
Select A Section
- Can Victims Of Crime Claim Compensation?
- What Are The Different Ways Victims Of Crime Could Claim Compensation?
- Who Pays Compensation To Victims Of Crime?
- Compensation For Victims Of Crime – Examples Of Evidence You Could Gather
- Does Someone Have To Be Convicted For Me To Make A Claim?
- Victim of Crime Compensation Payouts
- Claiming Compensation For Victims Of Crime With No Win No Fee Lawyers
Can Victims Of Crime Claim Compensation?
Victims of crime may be able to claim compensation through several methods explained within this article. We will explain these in greater detail in the next section.
If you’re a criminal injury victim, you could suffer from physical and psychological damage. If so, it’s important to know that you may be able to claim compensation. Please get in touch with our advisors for free legal advice 24/7 using the details above for more information about this.
Criminal Compensation Claim – Who Is Eligible To Claim?
As we have previously stated, you could make a criminal compensation claim through the CICA if you have been injured in an act of crime. However, there are certain criteria that you must meet to be eligible to claim for your criminal injuries through the CICA. These are:
- You must have been injured in a crime of violence as defined by the CICA – this includes an attack, threat of attack, arson, sexual assault, or an act/omission of a violent nature that causes harm.
- The incident must have occurred in England, Wales, Scotland, or another relevant place, such as a ship registered to one of these countries.
- You must have reported the incident to the police – you must do this as soon as possible.
- You must make your claim within the relevant time limits – this is generally 2 years from the date you reported the incident to the police. If you did not report the incident to the police right away, you must prove that exceptional circumstances prevented you from doing so.
Do not hesitate to contact one of our advisors today if you have any questions about claiming victims’ compensation through the CICA if you were injured in a crime of violence.
What Are The Different Ways Victims Of Crime Could Claim Compensation?
If you’ve been the victim of crime, there are multiple ways you could be awarded compensation. Whether you can receive such compensation will depend on particular aspects of your case.
Claims Through The Criminal Courts
You could receive compensation through the criminal courts. This would be something that would be requested during sentencing. This means that the perpetrator would need to be arrested, stand trial and be convicted in order for you to be compensated through this channel.
The amount you could receive from the criminal courts isn’t something you can dictate. In some cases, you may not receive compensation at all.
If the perpetrator is found guilty of the crime, as part of their sentencing, the court may request that they pay you compensation. However, this will depend on the nature of the crime and the court’s judgment.
The Criminal Injuries Compensation Authority
Victims of crime can claim compensation through other methods. In England, Wales and Scotland, you can claim compensation through The Criminal Injuries Compensation Authority (CICA). To do this, you would need to be the victim of a violent crime. The definition of “crime of violence” for the purposes of these kinds of claims can be found in the Criminal Injuries Compensation Scheme.
This also shows the amount you could receive for different types of injuries. However, there are things to consider when claiming through this method.
In order to claim, you would need to have reported the crime to the police and cooperated with them in their enquiries. Furthermore, you need to have started your claim within the time limit; this is generally 2 years from the date of the incident, but exceptions can apply.
Insurance Companies
You may also be able to claim compensation through insurance companies if you’ve been the victim of a crime. This could be possible in a situation where a party owes you a duty of care and this is breached, meaning that you’re the victim of a violent crime.
For example, you may have experienced violence in the workplace which led to you being injured. If your employer failed to take action when they could be said to have been reasonably aware of the risk of this happening, you may be able to claim. For instance, if a colleague made repeated threats of violence towards you and your employer did nothing to prevent this from happening, you may be able to claim.
Another example is abuse in schools. If a member of staff in a school sexually or physically abused a child, then a claim could be made against the relevant insurer on behalf of that child. For example, if the school failed to carry out a DBS check, this could result in someone who had a history of sexual offences working in a school with children.
Injured Due To A Criminal Act – Can I Get Compensation In A Personal Injury Claim?
You could potentially seek compensation through a personal injury claim against the perpetrator directly. In order to do so, they would need to have been identified, and have the financial means to provide compensation.
How victim compensation is awarded in a personal injury claim is different to a CICA claim. There are no set tariffs or limits. There would need to be a negotiation period between both parties to discuss what compensation is owed. If a settlement cannot be reached this way, then the matter could go to court.
For victims, compensation through a personal injury claim could include general and special damages. General damages address the pain and suffering whereas special damages address any financial loss you may have experienced as a result.
Legal professionals would use the Judicial College Guidelines (JCG) to help value your general damages payment. This publication includes a list of injuries and related compensation brackets based on past court cases.
To find out if you can get compensation through a personal injury claim, get in touch with us at any time.
Who Pays Compensation To Victims Of Crime?
As shown above, victims of crime can claim compensation through different methods. Below is a list of different methods and the relevant payee of compensation should the method be successful:
- Claims through the Criminal Courts – The court will request that the perpetrator pay the criminal injury victim directly. In these cases, the perpetrator would pay you the compensation.
- The Criminal Injuries Compensation Authority – If your claim is successful, the government will pay the compensation. This is because the CICA is a government-funded authority.
- Insurance companies – The relevant insurance company would pay the compensation. For example, if you’ve suffered an injury due to an assault at work caused by employer negligence, the insurer would pay the compensation.
It’s important to note that you would only be able to seek compensation through one of the methods listed above. For instance, you wouldn’t be able to receive compensation through the criminal courts and then make a claim through the CICA for the same injury.
To learn more about this or see if you can use a No Win No Fee criminal injury lawyer from our panel to receive compensation, please contact our team for free legal advice using the details above. They’re available 24/7 and can tell you if you’re eligible to claim in just one phone call.
Compensation For Victims Of Crime – Examples Of Evidence You Could Gather
As we discussed, compensation for victims of crime can be claimed through the CICA. However, if you are eligible to make a claim through the CICA, you will also need to provide the following evidence:
- The police reference number to prove that the incident was reported.
- Proof that you meet the residency requirements.
- Medical evidence of the injuries you suffered in the incident, such as a copy of your medical records.
If you need any help or have any questions about how to get compensation for your criminal injuries, please get in touch with one of the advisors from our team.
Does Someone Have To Be Convicted For Me To Make A Claim?
You may be wondering, “can victims of crime claim compensation if there hasn’t been a conviction for the crime?”. This depends on what method you’re using to receive compensation. If you receive compensation from the perpetrator through the criminal courts, a conviction has occurred as that is the reason the compensation is being paid to you.
However, when claiming through the CICA, a conviction doesn’t need to occur. In most cases, you need to report the crime to the police because the CICA uses the police crime reference number to clarify that a crime has occurred.
Furthermore, a conviction wouldn’t need to occur to receive compensation through an insurance policy – the incident would just need to be an event covered in the policy. This is because when insurance companies and the CICA award compensation, they do it based on the “balance of probabilities” as opposed to the reasonable doubt that the criminal courts apply.
Victim of Crime Compensation Payouts
After a violent crime, compensation could be awarded for the injuries you sustained as a result. If you claim through the CICA, the value of your injuries will be calculated using the tariff outlined in the Criminal Injuries Compensation Scheme 2012. If you have multiple injuries, the following formula will apply:
- You can receive 100% of the full tariff amount for the most serious injury.
- 30% of the full tariff amount will be awarded for the second most or equally as serious injury.
- 15% of the full tariff amount will be awarded for the third most or equally as serious injury.
Although the Scheme can only compensate for up to three injuries from the tariff, an additional payment could be made if you have lost a foetus, become pregnant or contracted a sexually transmitted disease as a result of your injuries.
Below, we have included a table containing figures from the tariff outlined in the Scheme. However, after sustaining criminal injuries, if you have any questions about the victim compensation that could be awarded, please get in touch on the number above.
| Type of Injury | Severity | Description | Compensation Amount |
|---|---|---|---|
| Brain | Moderately severe | This amount is for serious disablement of mental or physical faculties that require substantial dependence on professional or other care, with marked personality or intellect impairment causing symptoms like poor communication and abnormal behaviour. | £110,000 |
| Hand | Loss | This amount is for loss of, or equivalent loss of function for one non-dominant hand. | £33,000 |
| Eye | Loss | This amount is for the loss of one eye with no damage being done to the other. | £27,000 |
| Burns | Severe | This amount is for severe neck burns that cause more than a minor disfigurement. | £16,500 |
| Mental | Disabling | This amount is for a disabling mental injury which has been confirmed by prognosis of psychiatrist or diagnosis or clinical psychologist that lasts five years or more. However, the damage is not permanent. | £13,500 |
| Toe | Fracture | This figure is for both of your great toes being fractured. | £13,500 |
| Back | Seriously Disabling | This figure is for a back strain that is seriously disabling with the damage caused being permanent. | £11,000 |
| Elbow | N/A | This amount is for a dislocation or fracture of both elbows that require substantial recovery. | £6,200 |
| Femur | Fracture | This amount is for a fractured femur (thigh bone) caused to one leg that causes continuing significant disability. | £4,600 |
| Fracture to the skull | Simple | This amount is for a simple skull fracture that requires operation. | £3,500 |
When making this type of claim, you may also be able to receive special expenses compensation. This compensation is for particular costs you’ve experienced because of the injury. However, the criteria for this is:
-
- You need to have experienced a loss of earnings or earning capacity. You must have been incapacitated to an extent that you’re unable to work for more than 28 weeks. Often, special expenses will be backdated. Loss of earnings are, however, only paid from the 29th week after your injury.
- The expense was a requirement because of the injuries you’re claiming for and was a necessary expense.
- It was not possible to access the provision or equipment elsewhere for free.
As an example, you may be able to claim for home adjustments that are required as the result of a criminal injury. A criminal injuries solicitor from our panel can give you a greater idea of what you could receive. Contact us at a time convenient for you by using the above details.
Claiming Compensation For Victims Of Crime With No Win No Fee Lawyers
Now that we have discussed who pays for criminal damage, you might be ready to begin your claim for compensation for victims of crime. If you would like an expert criminal injury solicitor from our panel to assist you during the process, they will help you every step of the way and can gather evidence on your behalf. Additionally, they may be able to offer you a type of No Win No Fee contract called a Conditional Fee Agreement.
Under this arrangement, you typically aren’t charged an upfront fee or for any ongoing fees. If your claim is not successful, you won’t be expected to pay your solicitor for their work. In the event that your criminal injury claim does succeed, your solicitor deducts a success fee from your victim of crime compensation that is capped under the Conditional Fee Agreements Order 2013.
Our advisors can offer you a free consultation to check whether a No Win No Fee solicitor is suitable for your case. They can also answer any questions you may have about victims compensation.
Below are a few ways to get in touch with us:
- Call our 24/7 advice line on 0800 408 7825
- Pop up to an advisor using our free online chat service
- Complete the call back form at the top of this page
Victim Support
To learn more about making a criminal injury claim, please use the links below.
Victim Support can provide information and advice if you’ve been the victim of a crime.
For professional help regarding mental health issues, you can contact the Samaritans.
You can also contact the charity Mind for more victim services.
To know more about claiming through the CICA for PTSD, please read this article on our website.
Would you like to know more about trauma compensation claims? If so, please read this guide.
Please refer to this article to learn more about claiming after an assault at work.
If you still have queries about whether victims of crime can claim compensation, please contact our advisors for free legal advice 24/7 using the details above.
Guide by AU
Publisher ET