Working With Criminal Injury Solicitors

Welcome to our guide on criminal injury solicitors and how they could assist you when making a claim. Applying for compensation after being injured in a violent crime can be a daunting prospect for some people. The process of claiming compensation for these kinds of injuries can differ from how you would claim for an injury suffered in the workplace, for example.

Working with criminal injury lawyers can help you have a better understanding of the process of claiming on and how you can improve your chances of success. If you feel that going through the process of a criminal injury claim would be made easier with a lawyer by your side, get in touch with us today.

Criminal injury solicitors guide

Criminal injury solicitors guide

We could put you in touch with a solicitor from our panel if we think you have a valid claim. Our advisors can also answer any initial questions you may have free of charge.

There are a few ways in which you can reach us.

Select A Section

  1. Claiming With Criminal Injury Solicitors
  2. Types Of Claims Handled By Criminal Injury Solicitors
  3. Could A Solicitor Help Me Make A CICA Claim?
  4. How Long Do I Have To Contact A Solicitor?
  5. How Much Could I Receive For My Injuries?
  6. Can I Make A No Win No Fee Claim With Criminal Injury Solicitors?

Claiming With Criminal Injury Solicitors

Criminal injury solicitors can assist you in making claims for compensation after you have been the victim of a violent crime, including sexual assault. 

Whilst with other personal injury claims you would make a claim against the insurance company of the person you believe to be responsible, criminal injury claims can work differently.

In some cases, you may be able to claim against a party who could have prevented the crime from happening and had a duty of care to do so. For example, if you had a colleague who was making repeated threats to physically harm you, you may tell your employer. If they did not do anything about this, and you ended up being attacked, then you could make a claim. 

You can also claim directly against the person who harmed you. In order to do this, you would need to know who they are and they would need to have the funds available to pay you compensation.

There exists a government-sponsored executive agency called the Criminal Injuries Compensation Authority (CICA). The CICA can award victims of crimes of violence compensation for their injuries. The money comes from the government rather than the assailant. In order to make a claim through the CICA, the crime must have been reported to the police, but the assailant doesn’t need to have been identified or charged. 

Types Of Claims Handled By Criminal Injury Solicitors

Criminal injury solicitors can handle claims for a wide range of injuries sustained in a variety of circumstances. In this section, we will list some reasons people may want to make a claim.

Abuse can take many forms. Some examples include:

  • Emotional abuse – this can the development of mental health disorders due to the constant or intermittent threat of violence. When claiming through the CICA, the definition of a crime of violence includes a threat against a person that causes them to immediately fear violence. 
  • Sexual abuse – exposing someone to non-contact sexual acts against their consent. Any sexual contact with someone below the age of consent is an offence. If you are an adult and were abused while you were a child, you may be able to make a historic sexual abuse claim. 
  • Physical assault – being attacked and sustaining physical injuries such as a broken foot or a jaw injury, for example. Assault Occasioning Grievous Bodily Harm (GBH) and Assault Occasioning  Actual Bodily Harm (ABH) are two different kinds of assault, with GBH tending to result in more serious injuries. In both cases, the intent to cause harm is not necessary; only the intent to use unlawful force. 
  • Sexual assault – acts of forced physical contact of a sexual nature, such as penetration without consent or sexual contact with anyone under the age of consent.

Could A Solicitor Help Me Make A CICA Claim?

In order to make a successful criminal injury claim, there are a few processes you’ll have to go through. For example, you will need to report your crime to the police. Without taking this step, you will not be able to claim through the CICA.

In addition to this, you will also be able to prove that, on the balance of probabilities, your injuries were sustained in the way that you claim. Criminal injury solicitors can assist you in gathering this evidence as well as guiding you through the rest of the process.

How Long Do I Have To Contact A Solicitor?

When making a claim for compensation due to criminal violence or sexual assault, an adult will have 2 years in order to report it to the police and start their claim. In some cases, it will not be possible to come forward and report your injuries within this time window. For example, the victim may fear for their life if they approach the police. 

They could offer this explanation and the CICA may decide to allow the claim to be made outside the standard 2-year time limit. However, this is not a guarantee.

If you were a child when you were criminally injured, and this was reported to the police at the time, you will have 2 years from your 18th birthday in order to start your claim. In the event that the incident was not reported to the police, you would have 2 years from reporting it to start your claim. 

If you’re not sure whether or not your time window for starting a claim may have passed, call us today to discuss it. You could be connected with one of the criminal injury solicitors from our panel. 

How Much Could I Receive For My Injuries?

CICA payouts can compensate you for the injuries you sustain as well as for any financial impact your injuries have had on you. The amount that you receive will depend on the value that the injury has in the Criminal Injuries Compensation Scheme

Whilst you can claim for more than one injury through the CICA, you can only claim for a maximum of three. Additionally, only the most valuable injury is awarded in full. The second and third-highest valued injuries will be awarded at 30% and 15% of the tariff rate respectively.

We have included some entries from the CICA in the table below. This way, you will have a better understanding of what certain injuries can be worth. You can claim for psychological damage, such as Post-Traumatic Stress Disorder (PTSD

The CICA also has a separate tariff for if the victim loses a foetus, becomes pregnant, or sustains a sexually-transmitted disease as a result of sexual assault. This amount would not be subject to the multiple injury formula of the other entries in the tariff.

Awarded ForDescriptionAmount
ParalysisParaplegia (minimal) - when the motor/sensory function of lower extremities is impaired£27,000
ParalysisQuadriplegia/tetraplegia - a substation and complete impairment to both upper and lower limbs£250,000
Mental injuryWhen a relevant professional confirms the diagnosis of a disabling mental injury that lasts 5 years or more, but isn’t permanent£13,500
Head injuryModerate burns£2,400
Facial scarring Serious disfigurement£11,000
DeafnessPermanent deafness in both ears, but only partial. Some socially useful hearing will remain and could be augmented with a hearing aid£6,200
Tooth injuryLoss of four or more front teeth£3,500
Sexual assaultMinor - physical act(s) over clothing of a non-penetrative nature£1,000
Sexual assaultWhen two or more attackers engage in non-consensual penile penetration of one (or more) of the anus, mouth, or vagina£13,500
Sexual assaultA single incident of penetration by a penis of the mouth, anus, or vagina£11,000

Special Expenses

As well as compensation for your injuries, you could also receive something called special expenses as part of your claim. For example, you could claim back a loss of earnings due to your injuries forcing you to take time off work. You could also claim for any other expenses that are reasonable, necessary and incurred as a direct result of your injuries. 

In order to claim special expenses, you must have lost earning potential for at least 28 weeks following the accident. Many of the special expenses will be considered from the date of the incident; however, if you’re claiming loss of earnings, this will only be compensated from the 29th week of lost earnings.

For more information, get in touch today. Our advisors can offer you free legal advice and may be able to connect you with one of the criminal injury solicitors from our panel. 

Can I Make A No Win No Fee Claim With Criminal Injury Solicitors?

You can make a claim with legal representation on a No Win No Fee basis. All of the criminal injury solicitors on our panel can operate on this basis.

This means that you won’t need to cover their fees if your claim is unsuccessful. They also won’t ask you to make a payment upfront or as they are working on your claim. 

You will only be required to pay them if you are awarded a settlement. They will deduct a small percentage of your settlement. This percentage is kept small by law and is known as a success fee.

Making a claim in this way can help reduce the financial risk to yourself. If you try to claim without this kind of agreement, you may still have to pay your lawyer even if your claim is unsuccessful.

Get in touch today to see if we could help you get started on your claim:

Victim Support Resources

We have included links to other material you may find helpful.

  1. Read more about sexual violence from the Survivor’s Trust.
  2. Help after rape and sexual assault from the NHS.
  3. Report a crime at police.uk
  4. A guide on the indicators of sexual abuse.
  5. Our guide on sexual assault claims.
  6. Help and compensation for rape victims.
  7. Find out how to sue someone for assault.

Thank you for reading our guide on criminal injury solicitors.

Guide by AI

Publisher ET