In this guide, we will look at the process of making a criminal injury claim. If you’ve been injured as the result of a crime of violence, then you could be owed compensation for the suffering it has caused. For example, you could claim compensation for sexual assault, rape or assault.
There are two main channels through which you can claim compensation after being the victim of a criminal injury. We will look at both of these in greater detail throughout this guide. We will also examine some of the potential compensation awards that you could receive.
Our team of advisers are available 24 hours a day to offer free legal advice and have a chat with you about your situation. If your claim is valid, you could be connected to a criminal injury lawyer from our panel to work on your case.
Our friendly team of advisers are available via:
- A phone call on 0800 408 7825
- Our online claims form where you can request a call back at your nearest availability.
- Our instant chat pop-up box where an adviser will reply straight away.
Select A Section
- How To Make A Criminal Injury Claim
- How Do I Check I Am Eligible To Claim?
- Can I Claim Damages Through The Court?
- Can I Get Help Making My Claim?
- Criminal Injury Claim Calculator
- Talk To A No Win No Fee Criminal Injury Claim Specialist
In some cases, you may be able to claim compensation from the person who injured you directly. In order to do this, however, you would need to know who the person is who harmed you, and they would need to have the funds available to pay you compensation.
If these conditions aren’t met, then you may be able to claim through the CICA. In order to pursue a criminal injury claim through this channel, there’s no requirement for the assailant to have been identified in order for you to claim. However, the incident must have been reported to the police.
The crime must have occurred in Scotland, England, or Wales or another “relevant place” to claim through the CICA.
In order to claim, you should report the incident to the police as soon as possible after the incident. This should usually be as soon as possible unless exceptional circumstances apply.
Similarly, you should begin your claim within 2 years of the incident happening. However, exceptional circumstances might prevent you from doing this, too.
For example, your mental or physical injuries might prevent you from making a claim within two years. Alternatively, you may be too young to launch your own claim within this time limit.
If you speak with a member of our team, they can assess whether or not you have a valid claim. They can confirm whether you’re within the time limit to launch a claim and whether the circumstances of the incident could entitle you to receive compensation.
What Evidence Do Criminal Injury Claims Need?
Supplying sufficient evidence throughout your claim will increase your chances of success and likely help you receive more compensation. Here are some examples of evidence you can provide for your criminal injury claim:
- CCTV footage – If you can obtain CCTV footage, this can be helpful for your claim. It can help determine who was negligent for your injuries.
- Images of your injuries – You could take photos of your injuries as soon as you sustain them, as well as throughout the healing process.
- Witness statements – If you collect witness contact details, then a statement could be taken at a later date.
For more information on the evidence that could be used to support your claim, speak with a member of our team today. They could offer you free legal advice about how to strengthen your claim.
As mentioned above, it may be possible for you to claim against the person who committed the crime, rather than through the CICA. In order to do this, you must have knowledge of who the perpetrator is and they must have sufficient funds to award you compensation if your claim succeeds.
In addition to this, a judge may be able to award compensation at the conclusion of a criminal claim. This will usually be done alongside sentencing.
However, this is not something that you can request and is something that a judge will decide themselves. If you have already been awarded compensation, you cannot then receive compensation again.
There may be a number of different reasons that you feel you need help when making a claim. For example, you may be unsure whether or not you’re eligible to claim at all.
Furthermore, you might need assistance in collecting the evidence that is used to support your claim. You might not be sure whether you are within the time limit of pursuing a criminal injury claim through the CICA.
Do I Need A Solicitor To Make My Claim?
There is no legal requirement for you to work with a solicitor in order to claim. You can do this directly without any help or assistance.
However, a solicitor can help you in pursuing a compensation claim. You may find that their guidance and support makes what can be a daunting process more manageable.
For more information on how a solicitor can help you in your claim, get in touch with our team today. If an advisor feels that you have a valid case, they could connect you with a No Win No Fee solicitor from our panel.
The table below shows some of the Criminal Injuries Compensation Scheme payouts from the tariff of injuries. This shows the amount of compensation that could be paid to you for certain injuries from the CICA.
|Mental Injury||Mental injury that’s disabling and diagnosed by a psychiatrist or clinical psychologist. This lasts for 6-28 weeks.||£1,000|
|Mental Injury||Mental injury that’s disabling and diagnosed by a psychiatrist or clinical psychologist. This lasts 2-5 years.||£6,200|
|Brain Damage||Brain damage that’s moderately severe. There’s a significant dependence upon professionals. This causes behaviour to become abnormal, communication that’s poor, and a change in personality and intellect.||£110,000|
|Brain Damage||Brain damage that’s moderate. There’s a significant deficit in intellect, an altered personality, less ability to work and an affect on the senses.||£82,000|
|Eye||Sight is lost in one eye.||£22,000|
|Eye||The lens dislocates in both eyes.||£13,500|
|Nose||Complete loss of taste and smell.||£16,500|
|Nose||Loss of at least 10% of the nose||£2,400|
|Scarring of Upper Limbs||Causing significant disfigurement||£1,000|
|Scarring of Upper Limbs||Causing serious disfigurement||£3,500|
As well as the compensation for your injuries, the CICA could also award you special expenses. These can cover any additional costs and expenses that you’ve incurred because of your injuries.
You need to show that these costs are necessary, reasonable and incurred as a direct result of the crime you experienced. For example, you could claim back the cost of a physical aid (like a hearing aid) that was damaged in the attack.
In order to claim special expenses, you need to show that you lost earnings for at least 28 weeks after the accident; however, these losses will be backdated.
You can also claim loss of earnings; however, this will not be backdated and you will only be compensated from week 29 onwards. This will be paid at the rate of Statutory Sick Pay (SSP).
Please don’t hesitate to get in touch with our experienced team of advisers who can chat with you about this in more detail. If you have a valid criminal injury claim, they can connect you to a criminal injury lawyer from our panel to begin working on your claim.
You may be able to make a No Win No Fee agreement with a criminal injury lawyer from our panel if your claim is valid. A No Win No Fee agreement, also called a Conditional Fee Agreement, is a contract between you and your lawyer. This outlines the conditions your lawyer needs to meet so they can receive payment.
A No Win No Fee agreement means that if your claim fails, you won’t be asked to pay your solicitor. There’s also nothing to pay them before they start working on your claim or as it progresses. If your criminal injury claim is successful, a small percentage of your compensation will be taken by your lawyer.
To discuss No Win No Fee agreements in more detail, contact our team of advisers who can answer any queries you may have. They can then connect you to a criminal injury solicitor from our panel if your claim has a good chance of success.
You can contact our team of advisers through:
- A phone call on 0800 408 7825 where an adviser will then be happy to talk with you.
- Our online claims form where you can request a call back at your earliest availability.
- Our instant live pop-up chat box where one of our advisers will reply immediately.
Related Criminal Injury Resources
Examples of CICA payouts and how to claim them – Our article looks at how you can claim CICA payouts that you’re entitled to.
Can You Claim Hit And Run Compensation Via The CICA? – If you’ve suffered an injury due to a hit and run, our guide looks at how you could make a criminal injury claim.
Claiming For PTSD Caused By Assault– This guide will explain how you could claim for the physical and mental injuries sustained in an assault.
Help After Rape And Sexual Assault– This NHS page provides guidance on the steps you can take after experiencing this kind of assault.
Report A Crime- This page tells you how you can report a crime to the police; this is necessary if you’re interested in claiming through the CICA.
Victim Support– This charity offers confidential support to those in the UK who have been affected by crime.
Thank you for reading our guide about making a criminal injury claim.
Guide by OA