If you have been the victim of a violent crime and were injured, you could make a criminal injuries compensation claim. Whilst in some instances you may be able to claim compensation directly from the perpetrator, our guide focuses on when this is not possible.
Through our guide, you can find information on what the Criminal Injuries Compensation Authority (CICA) is and its role in compensating victims of violent crimes. You can find information on what such claims are, the types of criminal injuries you could claim for and when you may be eligible to do so.
We also answer criminal injury claim FAQs, such as how long you have to claim and whether you need to report the incident to the police. At the end of our guide you can find out how a No Win No Fee solicitor could help you.
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Browse Our Guide
- What Is A Criminal Injuries Compensation Claim?
- What Types Of Criminal Injuries Could I Claim For?
- Who Can Claim Compensation For A Criminal Injury?
- How Long Do I Have To Claim For Criminal Injuries?
- Do I Need To Report My Criminal Injury To The Police In Order To Claim?
- What’s The Claims Process For A Criminal Injuries Compensation Claim?
- How Much Criminal Injuries Compensation Could I Receive?
- Claim For A Criminal Injury On A No Win No Fee Basis
- Further Information About Claiming Criminal Injury Compensation
What Is A Criminal Injuries Compensation Claim?
A criminal injury compensation claim is a way to claim compensation for injuries (and some financial losses) caused by criminal acts. Whilst it may be possible to claim compensation directly from the perpetrator, they may either not have been caught, not convicted or simply not have the funds from which to pay compensation.
In such cases, a claim may be made to the Criminal Injuries Compensation Authority (CICA). The CICA is a government organisation. Its role is to ensure that (eligible) victims of crimes receive compensation when other avenues are not available.
To claim compensation via the CICA you must have been harmed in a violent crime. For the purposes of making a claim through the CICA, the definition of a violent crime is set out in Annex B of the Criminal Injuries Compensation Scheme 2012 (the scheme).
A violent crime is defined as those where there is:
- A threat against a person,
- A physical attack. This may include an acid attack or other type of assault.
- An omission or violent act which causes a physical injury.
- A sexual assault, rape or sexual abuse.
- Arson or fire-raising.
This list is not exhaustive, and there may be other instances in which you could claim criminal injuries compensation.
When you contact our team, an advisor will take the details of your case and can help to determine whether you meet the eligibility criteria we will discuss later in this guide.
What Types Of Criminal Injuries Could I Claim For?
You can claim for a wide range of different types of criminal injuries through the CICA. You could claim compensation for:
- Physical injuries. These may include facial injuries, those to limbs or other body parts.
- Psychological and mental injuries. This may include post-traumatic stress disorder (PTSD).
- Physical and/or sexual abuse.
- The death of a qualifying relative. This may include funeral costs.
- Loss of earnings and special expenses.
Please get in touch with one of our advisors for a comprehensive assessment of what you could claim for.
Who Can Claim Compensation For A Criminal Injury?
In order to claim criminal injuries compensation you must meet the relevant criteria. To claim via the CICA you must show that:
- You were the victim of a violent crime, as discussed in the first part of this guide.
- That you reported the crime to the police as soon as you could do so. The CICA will need to confirm the crime is being investigated. They may liaise with the police force and will require you to cooperate with the police investigation.
- That the claim is brought within the limitation period. We will look in more detail at this in the section covering how long you have to claim.
- The crime took place either in England, Wales or Scotland, or it took place in another ‘relevant place’. This may include a ship registered in the countries above.
Get in touch with our team for help making a criminal injuries compensation claim.
How Long Do I Have To Claim For Criminal Injuries?
There is a strict time limit in which criminal injury compensation claims may be made. The CICA requires you report the incident to the police as soon as reasonably possible. This must be done before making a claim.
In most instances, victims must submit their claim to the CICA within two years of the incident taking place. However, there are instances in which a claim may be made outside of this time frame.
Victims of sexual abuse, and historical sexual abuse, may not have been able to report the crime to the police or begin a claim within this time period.
The CICA recognises that people who are in an violent or abusive relationship or who are minors living in a household where a family member is carrying out abuse, they may not be able to report the incident straight away. The CICA will take this into account when assessing a case.
Further to this, we should note that victims under the age of eighteen can not bring a claim on their own behalf. In such cases, a claim may be made:
- Within in a two year period (starting on the victims eighteenth birthday) where the police had been informed of the incident
- Two years from the date on which the incident was reported, if done so after the victim reached the age of eighteen.
Please contact our team to learn more about how one of the criminal injuries compensation solicitors from our panel could help you.
Do I Need To Report My Criminal Injury To The Police In Order To Claim?
As already highlighted, one of the eligibility criteria to claim compensation for a criminal injury is that you report it to the police.
Whether you are making a claim for domestic violence, grievous bodily harm or other criminal injury, it must have been properly reported. You must also fully cooperate with the police whilst they conduct any investigation and prosecution.
The CICA will expect that you fully cooperate with the police, this includes pressing charges if the perpetrator is caught and there is sufficient evidence to do so. If you do not press charges against the perpetrator, you may not be able to make a compensation claim.
It should be noted that someone does not have to be convicted of a violent crime for you to make a CICA claim. In fact, they do not even have to be charged, but you do need to meet the eligibility criteria discussed earlier.
Can I Claim Compensation If I’ve Forgotten My Police Crime Reference Number?
As part of your rights after a crime, when you report a crime to the police they will issue you with a crime reference number. In addition, you will also be issued with contact details for the office handling your case and written confirmation that you have reported a crime.
The police will also inform you of how often you may be updated, tell you what steps will be taken next and carry out a needs assessment to determine what support you may need.
If you have lost the crime reference number you will need to obtain a copy of this from the police in order to make your claim. You should be able to do so by contacting the force that you reported the crime to.
Please contact our team for further information on how criminal injury compensation claims work.
What’s The Claims Process For A Criminal Injuries Compensation Claim?
If you satisfy the criteria outlined in this guide you could make a criminal injuries compensation claim. The first step you may wish to take is to contact our team to be connected to one of our panel of No Win No Fee solicitors. They could advise you on how to make a criminal injury claim.
Following an initial application, your claim may follow these steps.
- An investigation – The CICA will investigate your claim and work out if you meet the eligibility criteria. If they decide that you are not eligible to claim, you may make an appeal.
- Offer of compensation – An offer of compensation will be made. This will be based on criteria set out later in this guide. You may appeal the amount if your solicitor thinks this is too low.
- Concluding your case – If your claim (or an appeal) is successful, you will receive a compensation settlement.
Please get in contact with our team today for further information on the criminal injury claim process.
How Much Criminal Injuries Compensation Could I Receive?
By this point in our guide, you may wonder how a criminal injuries compensation claim is valued and how much you may be entitled to claim.
When claiming through the CICA, compensation is calculated using the CICA tariff. This is set out in the Criminal Injuries Compensation Scheme 2012. The compensation scheme sets out fixed amounts for different types and severity of injury. This means you will be awarded the figure seen in the tariff.
Our table below takes figures from the CICA compensation tariff. The top figure does not come from the tariff and includes both loss of earnings and special expenses. These will be discussed below.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple serious injuries, loss of earnings and special expenses. | Serious | Up to £500,000 with loss of earnings and special expenses. |
| Brain damage | Moderately severe | £110,000 |
| Brain damage | Moderate - Significant | £82,000 |
| Ankle fracture | Both ankles fractured with continuing disability | £16,500 |
| Foot injury | Fractured tarsal bone in both feet and with disability. | £13,500 |
| Eye injury | Permanent double or blurred vision - serious | £13,500 |
| Ear injury | Loss of one ear | £11,000 |
| Face injury | Multiple face fractures | £11,000 |
| Fractured humerus | Fracture of both arms - continuing disability | £11,000 |
| Kidney injury | Loss of the kidney | £11,000 |
The multiple injuries formula will be applied where a claimant has sustained more than one injury. The formula works as follows:
- The most serious injury is awarded 100% of the tariff value.
- The second (or equally) most serious injury is awarded 30% of the tariff value.
- Lastly, the third (or equally) most serious injury will be awarded 15% of the tariff amount.
You may also be entitled to claim for loss of earnings and special expenses. Special expenses are designed to compensate you for financial losses caused by your injuries. Any expenses you claim for must be said to be necessary, reasonable and have been directly incurred due to the criminal injury.
You must have lost earnings over a period of at least 28 weeks following the incident in order to claim. Your claim will be calculated from week 29 onwards. Loss of earnings payments are based on the Statutory Sick Pay (SSP) rate.
Please contact our team today for an assessment of what your criminal injuries compensation claim may be worth. They can also provide advise on what evidence will be needed to prove your lost earnings or claim for special expenses.
Claim For A Criminal Injury On A No Win No Fee Basis
A criminal injury lawyer from our panel could help you if you have been harmed by a violent crime. Criminal injury claims can be complex. In addition to bringing experience and expertise in similar cases, they can help to assess how much you may be owed in compensation and can help to guide your case through the CICA claims process. A specialist solicitor could help you to collect evidence, such as medical evidence, which may support your case.
If you are eligible to claim compensation, a solicitor from our panel could potentially work on your claim under a Conditional Fee Agreement (CFA). This is a type of contract used to allow people to claim on a No Win No Fee basis.
The benefits to claimants of using a CFA include:
- Not having to pay any fees to your criminal injury lawyer or solicitors services in advance.
- Nothing to pay for their work on the claim whilst it is underway.
- No solicitors fees or charges if the case is unsuccessful.
Instead of this, if your case is successful, your No Win No Fee solicitor will charge a success fee. This will be deducted from your compensation by the solicitor. The fee is capped at a maximum and this is limited by law. This means that you will get the majority of your compensation settlement.
Get in touch with our team if you have been injured by a violent crime.
- Phone 0800 408 7825 to discuss your case.
- Contact us, complete our form and request a call back from our team.
- Or discuss your case now over the live support chat on this page.
Further Information About Claiming Criminal Injury Compensation
You can learn more about criminal injury claims in these related guides from our site. In addition, you can also find helpful external references.
- In this guide look at whether victims of crime can claim compensation and how to do so.
- If you suffered a broken jaw after an assault, find out if you could claim compensation in this guide.
- Learn about claiming compensation for PTSD caused by an assault in this guide.
External references
- Loss of earnings payments are calculated using Statutory Sick Pay. Learn more about what you’ll get at this government resource.
- In this NHS guide, you can learn more about how to provide first aid to an injured person.
- Victim Support is an independent charity which provides support to victims of violent crimes.
We hope our guide about how to make a criminal injuries compensation claim has helped you. Contact us if you still have questions.
