Accidents

If you have received injuries as a result of a criminal act, you may be entitled to criminal injuries compensation if you have been subjected to any crime of violence, whether physical or sexual assault, and/or whether you have suffered mental anxiety or a disabling mental illness, as a result of the physical sexual assault. Claims can also be filed by Dependant Relatives of victims who have suffered a fatal injury.

A claim can be made to the Criminal Injuries Compensation Authority (CICA) an organisation set up by the government to provide compensation to those injured as a result of violent crimes. The level of compensation paid is determined under a “Tariff” system.

You should report the incident to the police as soon as possible. Even if you do not know who committed the offence, you will need to formally report the incident. The Police will give you a crime reference number and this will be given to the CICA as evidence of your reporting the matter to the police. You should also seek medical attention from your GP or hospital as soon as possible.

It is also important that you seek legal advice without delay, ideally from a criminal injuries claim specialist lawyer, because the time limit to bring a CICA claim in the UK is just 2 years, although this can vary depending on the injury and the nature of the crime. As well as claiming compensation for your injuries in severe injury cases you may also be able to claim compensation for your loss of earnings, future loss of earnings and expenses for care, needs and equipment and adaptations to housing.

Relatives of victims who have died as a result of a criminal act or criminal injuries are also eligible to make a claim for a ‘fatal injury’ award. If you depended financially on the person who died, you may also be able to claim a ‘dependency award.’

Children under the age of 18 can claim an award for what is called ‘loss of parental services’.

Anyone who has paid for the funeral of the victim can claim back reasonable funeral expenses.

There are strict rules on which relatives can apply for criminal injury compensation, these include:

• the surviving spouse (ie. Husband or wife)
• the unmarried but long term partner (including same sex partners)
• a parent (it can often include someone who can show that the person who died regarded them as their parent.)
• a child (including children who were accepted by the person who died as their child. Children under the age of 18 can claim an award for ‘fatal injury’, ‘dependency’ and for ‘loss of parental services’. An adult whose parent is fatally injured can only claim a ‘fatal injury award’.)
• a former husband or wife but only if s/he was financially supported by the person who died.

The CICA only compensates people for criminal injuries suffered in England, Scotland and Wales.

If you suffered a criminal injury elsewhere, they may have their own compensation scheme. For example, Northern Ireland, the Republic of Ireland, the Isle of Man and Jersey each have a criminal injuries compensation scheme.

When the Criminal Injuries Compensation Authority receives your application, they will usually ask for information from the police, medical authorities and other organisations. When they have the information they need and have considered your criminal injury claim, they will decide whether you are entitled to receive compensation and, if so, how much. This can take a number of months and, sometimes, years.

If you disagree with their decision, you can apply for a review. You will be sent information about applying for a review with the letter telling you the decision about your application. Your local branch of Victim Support can discuss this with you or refer you on to someone who can help you.

The levels of compensation for injuries range from £1,000 to £250,000. If you qualify for lost earnings and/or special expenses, additional compensation up to £250,000 can be paid. The maximum combined amount payable under the scheme is £500,000.

If you suffered more than one injury, the CICA will only pay for the three most serious, as follows:

• 100% of the Tariff amount for the highest rated injury; plus
• 30% of the Tariff amount for the second highest rated; plus
• 15% of the Tariff amount for the third highest rated

The levels of compensation are fixed. If there is only one qualifying claimant, £11,000 is paid.. Where there is more than one qualifying claimant, the amount payable for each person is £5,500.