Can Victims Of Crime Claim Compensation?

By Max Morris. Last Updated 21st June 2022. 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

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. 

  • Call us now on 0800 408 7825
  • Contact us through our website. 
  • Please write to us using the Chat window on your screen. 

Please read on to learn more about claiming for injuries sustained as the result of a violent crime. 

Select A Section

  1. Can Victims Of Crime Claim Compensation?
  2. What Are The Different Ways Victims Of Crime Could Claim Compensation?
  3. Who Pays Compensation To Victims Of Crime?
  4. Does Someone Have To Be Convicted For Me To Make A Claim?
  5. Victim of Crime Compensation Payouts
  6. Talk To A No Win No Fee Criminal Injury Solicitor

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. 

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.

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. 

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

If you’re seeking compensation as the victim of a crime in England, Scotland or Wales, you may need to claim through the CICA if the perpetrator is unknown or does not have the funds to compensate you. The Criminal Injuries Compensation Scheme 2012 illustrates the tariff that is used to determine how much compensation you receive if you claim this way. For victims of crime, the compensation is determined by aspects such as the extent of the injury and whether any psychological damage was caused.

Below is a list of injuries and their relevant compensation amount. It can give you a better idea of what you could receive. It’s important to note that if you’ve suffered multiple injuries, you would receive 100% of the compensation for the primary injury, 30% for the secondary injury and 15% for the third.

Type of InjurySeverityCompensation AmountDescription
MentalDisabling£13,500This 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.
Burns Severe£16,500This amount is for severe neck burns that cause more than a minor disfigurement.
BrainModerately severe£110,000This 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.
EyeLoss£27,000This amount is for the loss of one eye with no damage being done to the other.
Fracture to the skull Simple£3,500This amount is for a simple skull fracture that requires operation.
ElbowN/A£6,200This amount is for a dislocation or fracture of both elbows that require substantial recovery.
HandLoss£33,000This amount is for loss of, or equivalent loss of function for one non-dominant hand.
BackSeriously Disabling£11,000This figure is for a back strain that is seriously disabling with the damage caused being permanent.
FemurFracture£4,600This amount is for a fractured femur (thigh bone) caused to one leg that causes continuing significant disability.
ToeFracture£13,500This figure is for both of your great toes being fractured.

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:

  • That you need to have lost earnings or earning capacity or to have been incapacitated to this extent for more than 28 weeks. Most special expenses will be backdated. However, loss of earnings is only paid from the 29th week after your injury.
  • The expense needs to be directly required because of the injury and be a necessary expense.
  • The provision or equipment must not be provided elsewhere for free.
  • That the cost must be reasonable.

For 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 that works for you using the above details.

Talk To A No Win No Fee Criminal Injury Solicitor

If you’ve been the victim of a crime, you could make a claim directly. However, a criminal injury solicitor from our panel will have years of experience with this type of claim, meaning they will know how to accrue evidence and present your case. They can also offer their representation on a No Win No Fee basis. 

The benefits of using a No Win No Fee agreement to fund legal representation include:

  • Not paying their legal fees upfront or during the claims process.
  • Not having to pay your solicitor in the event that you’re not awarded compensation. 
  • A small, legally capped percentage of your compensation being deducted in the event of a successful claim. 

Our advisors are available 24/7, provide free legal advice and can tell you in just a few minutes if you’re eligible to claim. Remember: you’re under no obligation to use our services if you call us. However, they can put you through to a specialised solicitor from our panel who could help you receive compensation, provided you have a valid claim.

To learn more, don’t hesitate to get in touch with us using the details below. 

  • Call us now on 0800 408 7825
  • Contact us through our website. 
  • Write to us using the Chat window that’s now on your screen. 

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