INTRODUCTION
If you have been involved in an incident or an accident where you have been the victim of a crime and have suffered injury then you have a right to be compensated for any resulting injury and some other losses. A legal framework exists to help you to obtain compensation but you will need assistance to take advantage of it.FREE INITIAL ASSESSMENT!
We can offer you a FREE INITIAL ASSESSMENT to see if you can make a claim. There is no obligation. Simply complete our Assessment form.Criminal Injuries Claim Free Assessment Form
CRIMINAL INJURIES COMPENSATION CLAIMS
There are three main ways of obtaining compensation if you have been the victim of a crime and suffered injury:-- Criminal compensation order
- Civil Damages claim
- Criminal Injuries Compensation Authority claim
CRIMINAL COMPENSATION ORDER
If a criminal is convicted of a criminal offence the Court can order the offender to pay compensation of up to £5,000. The Court is under a duty to consider whether to award compensation and must state it’s reasons if an order is not made. The Court must have evidence of the victim’s injuries. Often the Criminal Courts award compensation at very low levels. This is usually because the offender has little or no financial assets to pay any award made.CIVIL DAMAGES CLAIM
A victim of violence has the right to sue for compensation for assault in the normal Civil Courts. This is rarely done because again most offenders have few or no financial assets and also do not have any insurance cover in place to pay any award made.CRIMINAL INJURIES COMPENSATION AUTHORITY CLAIM
The Criminal Injuries Compensation Authority is a body that is funded by the government to pay compensation to victims of violence or for the apprehension of an offender.KEY FACTORS TO MAKING A C.I.C.A. CLAIM
There are various key factors that apply when making a C.I.C.A. claim:- The incident can be for any crime even a minor assault
- The incident must have been reported to the police
- The value of the injuries must be over £1,000
- The claim must be made within two years of the incident
- Road Traffic offences are excluded
- Damages for loss of property are excluded
- The victim must not have provoked the attacker or caused the crime
- The victim should not have any previous convictions or be of a dubious character
- The compensation award will be based on a fixed tariff
- A victim of violence in a family will receive compensation so long as the offender will not benefit from any award
MAKING A C.I.C.A. CLAIM
An Application Form can be obtained and completed. The C.I.C.A. will investigate and collect the necessary evidence and eventually make a decision. If the applicant is not happy with the decision it can be reviewed and appealed against.It is often useful to use a Solicitor who specialises in dealing with these types of claims. We have the expertise and experience to help!
