Who Can Claim Compensation For Assault?

Within this guide, we will discuss when you could be eligible to claim compensation for assault through the Criminal Injuries Compensation Authority (CICA). The CICA is a government body that awards compensation to those who have been injured in a crime of violence in Great Britain.

The CICA is intended as a last resort, and if there are other ways you can pursue compensation, you should. For example, if the perpetrator has been identified and has the means to pay compensation, the claim could be made directly against them.

Alternatively, if a vicariously liable third party breached the duty of care they owed you, and this led to you sustaining harm in a violent crime, you could claim against them. This could include a school or workplace. For the purpose of this guide, however, we will focus on claims made through the CICA. 

We will look at how the CICA claiming process works and the evidence you will need for your claim. Additionally, this guide will share examples of potential CICA payouts for various types of criminal injuries. Lastly, we will look at how instructing a No Win No Fee solicitor to work on your claim could benefit you.

If you have any questions regarding criminal injuries compensation claims, you can contact a member of our team. They can also offer you free advice for your particular case. Contact them today by:

Compensation For Assault

Learn How To Claim Compensation For Assault Through The CICA

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Who Could Claim Compensation For Assault Through The Criminal Injuries Compensation Authority (CICA)?

As previously stated, the Criminal Injuries Compensation Authority (CICA) is a government body that awards compensation to those who have been criminally injured in Great Britain.

They administer the Criminal Injuries Compensation Scheme 2012 which was designed to compensate victims of violent crime in England, Scotland, and Wales.

There a various groups of people who could make a claim through the CICA for assault, including:

  • Those who have been injured due to being assaulted.
  • Those who witnessed the immediate aftermath of a loved one being criminally injured and suffered a mental injury from this.
  • Someone who was bereaved as a result of a loved one being killed in a crime of violence.

CICA Criteria

You must meet the following criteria when making a criminal injury claim through the CICA:

  • You must have been criminally injured in a crime of violence. The CICA provides some examples of incidents classed as a crime of violence within their Scheme. This includes a physical attack or another act or omission of violent nature that causes a physical injury to a person.
  • The crime must have taken place within a country part of Great Britain (England, Wales, or Scotland), or another relevant place, such as a ship registered to one of these countries.
  • You must have made a report of the crime to the police.
  • Your claim must be made within the time limit. This is generally 2 years but exceptions can be made.

To see whether you could be eligible to claim compensation for assault through the CICA, contact one of our advisors. They can also provide further guidance on the time limits and what exceptional circumstances could result in the time limit being extended.

How Do CICA Claims For Criminal Injuries Work?

If you are seeking compensation for assault through the CICA, they will take the following steps when assessing your application:

  • The CICA will request certain evidence from you. They will also ask the police for evidence relating to the crime.
  • They will investigate certain factors, to see whether you are eligible to claim or whether your award should be reduced. This could include checking your criminal record to see whether you have an unspent criminal conviction, whether you have cooperated with the police, and whether you have attempted to make your claim through another channel first.
  • Based on this evidence and their investigation, they will decide whether you have an eligible claim and present you with an offer.

The CICA aims to assess claims within 12 months. However, the process time can vary depending on factors such as the case’s complexity and your recovery progress.

Our advisors can explain how criminal injury claims made through the CICA work in more depth. Contact them today to ask your questions.

Are There Different Types Of Assault?

The Offences against the Person, incorporating the Charging Standard, states that assault is any act that involves a person intentionally or recklessly causing another to suffer or apprehend immediate unlawful violence.

This can include a physical attack resulting from domestic abuse. Examples of assault can include:

  • Common assault.
  • Grievous Bodily Harm (GBH).
  • Actual Bodily Harm (ABH).
  • Sexual assault, rape, and sexual abuse.

If you have been injured due to being assaulted, you could claim compensation for assault through the CICA. To check the eligibility of your case, you can contact a member of our advisory team.

What Evidence Do You Need To Claim Compensation For Assault Through The CICA?

The CICA will require certain evidence when you claim them. For example:

  • You need to give evidence that you meet the residency requirements.
  • A crime reference number for the assault, provided to you by the police. This also proves to the CICA that the incident was reported.
  • You need to provide medical evidence highlighting your injuries can be compensated for by the CICA.

The CICA may liaise with the police to discuss the details of the incident and receive any additional information they may need for your claim.

One of the criminal injury lawyers from our panel could help you with gathering this evidence. Contact our advisors to learn more about how they could help you claim compensation for assault through the CICA.

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Calculating CICA Compensation For Assault

If you make a successful claim through the CICA, you will be awarded compensation for your criminal injuries. These injuries will be valued in accordance with the tariff of injuries found within the Criminal Injuries Compensation Scheme 2012. In the table below, we have used some of these tariff amounts, except for the first entry.

You could be awarded compensation for up to three injuries but these will be subject to the multiple injuries formula. It is calculated as follows:

  • 100% of the tariff figure is awarded to the highest-valued or most serious injury.
  • 30% of the tariff amount is given for the injury with an equal or second-highest value.
  • You are entitled to 15% of the tariff value for a further injury with an equal or third-highest value.

Injury Compensation Notes
Multiple Serious Injuries Plus Financial Losses Up to £500,000 Compensation for lost earnings, special expenses and other injuries can be awarded.
Major paralysis not from brain damage £175,000 Paraplegia that involves substantially complete impairment of lower extremity sensory or motor function.
Major paralysis not from brain damage £110,000 Hemiplegia that involves severe impairment of sensory or motor function in one half of the body.
Moderate brain damage £82,000 The injury is significant and causes a personality change, intellectual deficit, some dependence on others and results in a reduced ability to work with some effect on the senses.
Burns £33,000 Affecting multiple areas of the body (at least 25% of the total skin) with significant scarring.
Mental injury £27,000 Permanent mental injury that is seriously disabling and confirmed by diagnosis.
Eye £27,000 Loss of one eye.
Non-consensual penile penetration of the vagina, anus, and/or mouth £44,000 Causing a serious internal bodily injury alongside a severe mental illness that is permanent and disabling.
Sexual Assault £27,000 Causing a severe mental illness that is permanently disabling.

Financial Losses

If you are successfully awarded compensation for assault through the CICA, you may also be able to receive a special expenses payment. This can cover certain costs incurred as a result of your injury, such as:

  • Any equipment that you need to cope with your injuries, such as specialist kitchen equipment.
  • Adaptations needed to your home, such as a ramp.
  • Equipment that was damaged in the crime that you depended upon as a physical aid, such as hearing aids or a walking stick.
  • Cost of care that relates to bodily functions, food preparation, or supervising you.

To be eligible for a special expenses payment, you will need to demonstrate that they directly resulted from your injuries, and are reasonable and necessary. You will also have to prove that you could not receive them anywhere else for free.

Furthermore, when making a claim through the CICA, you could also be awarded compensation for your loss of earnings if your injuries were serious enough to have stopped you from undertaking any form of paid work or left you with a limited earning capacity.

Other criteria need to be met for you to qualify for a loss of earnings or special expenses payment.

Contact our helpful team of advisors today for more information about how much compensation you could receive following a successful criminal injury claim.

Start A No Win No Fee Assault Compensation Claim

Our panel of solicitors have lots of experience handling various types of claims for criminal injuries, and could help you with claiming compensation for assault through the CICA. Furthermore, one of them may present you with a type of No Win No Fee arrangement referred to as a Conditional Fee Agreement.

With this contract in place, you will not need to pay any fees to your solicitor upfront, during the claiming process, or if your claim fails for their work.

Your solicitor would take a success fee if the claim ends in you receiving compensation, and this fee would be a percentage of the amount awarded to you. This percentage is subject to a legal cap, which helps ensure you keep the majority of the compensation awarded to you.

Contact our advisory team today to discuss your specific case. They can provide advice that is completely free about claiming through the CICA. They may also connect you with a criminal injury solicitor on our panel if they deem you to have valid grounds to make a claim. They can be reached by:

More Guides On Claiming Assault Compensation

Additional guides by us about making a criminal injury claim through the CICA:

Additional external resources:

If you are still unsure whether you may be eligible to claim compensation for assault through the CICA, contact a member of our team.