If you are the victim of a violent crime, you may be entitled to compensation if you have received injuries as a result.
Criminal injuries cover such incidences as rape, assault, domestic abuse, violent robberies and other violent crimes.
The Criminal Injuries Compensation Authority which covers this sort of incidence is funded by the Ministry of Justice in England and Wales and the Scottish Government, North of the border.
It is not necessarily the case that a criminal conviction has to have arisen as a result of the incident as the CICA views these on the balance of probabilities not the criminal standard of proving beyond reasonably doubt but the incident does need to have been reported to the police. You are not able to bring a claim if the injuries arose before 1979 and if the injured person and the perpetrator were family members living in the same household. It is also possible that the Criminal Injuries Compensation Authority will refuse or reduce compensation due to a person’s behaviour or criminal record and if the incident was not reported to the police within 48 hours (more if you can show that you were unable to report it earlier) the claim will fail.
- The injuries have to be severe enough to quality for the minimum payment (at this stage £1000) and
- The application has been made within 2 years of the incident giving rise to the injuries.
Compensation for the injury is on a tariff basis and different types of injury attract different compensation amounts. Compensation is also available when the injured person has died if family members can show there was financial dependency and there is a set amount for deaths in addition payable to a family member which is presently £11000. Funeral expenses may also be covered although they are not paid by way of an interim award (which in reality is when most people need it)
Damages for loss of earnings in excess of 28 weeks are also paid and specific other expenses will also be covered such as the costs of medical treatment not available on the NHS and the costs of care and household adaptations in the more serious cases.
Claims can take quite a time to process, running into many months and there are time limits for appealing the decisions if you are dissatisfied with the result.
Compensation is in tiers up to £250,000 and the maximum including expenses is £500,000.
Criminal injuries abroad are not covered although you may find that the country where you were assaulted has a similar scheme.
Although legal costs are not covered by the CICA, a solicitor appointed through compensationclaims.net will explain what costs may be charged in the event of a successful claim. This will usually be a percentage. These matters can become very prolonged and if an appeal is required-as it often is, then it is better to have involved a lawyer at an early stage to ensure that you get the best available compensation. compensationclaims.net have a panel of suitably qualified lawyers available to speak to you about your potential criminal injuries claim.
