A Guide To The Criminal Injuries Compensation Authority
If you have been the victim of a violent crime in England, Wales or Scotland you may be able to claim compensation. In some cases, you may be able to claim compensation from the person who attacked or assaulted you. But, what happens if this person has not been identified, caught or convicted, or if they simply do not have funds to pay compensation from? This is where a claim may be made to the Criminal Injuries Compensation Authority (CICA).
In this guide we look at the process of making criminal injuries compensation claims via the CICA. We will answer some common questions, such as what is the CICA and what crimes could you claim for. Our guide also includes information on when you could be eligible to make a claim and looks at the process of doing so. In addition, you can find information on how compensation may be calculated. At the end of the guide, we show how a No Win No Fee solicitor could help with claims made through the CICA.
For help and support with the criminal injuries claims process, get in touch with our team:
- Please call us on 020 8050 2736.
- Contact us and request a call back from an advisor.
- You can also use the live support at the bottom of this page.
Browse Our Guide
- What Is The Criminal Injuries Compensation Authority?
- What Types Of Criminal Injuries Could I Claim For?
- Am I Eligible To Claim Using The Criminal Injuries Compensation Authority?
- How Long Do I Have To Claim Through The CICA?
- What Is The Maximum Payout For A Criminal Injury?
- Can I Appeal If I Disagree With The CICA’s Decision?
- Claim Compensation Through The CICA On A No Win No Fee Basis
- Learn More About Claiming Criminal Injuries Compensation
What Is The Criminal Injuries Compensation Authority?
Firstly, we will answer the main question of this guide and look at what the Criminal Injuries Compensation Authority (CICA) is. The CICA is an executive agency of the UK Government and operates in England, Wales and Scotland. In the former two, it is funded by the Ministry of Justice. In Scotland, it is funded by the Justice Directorate.
The agency’s role is to compensate the victims of violent crimes, witnesses to violent crimes and the close relatives of those who died as a result of a violent crime. Victims may have suffered mental or physical injuries.
Claims are made to the CICA where there is no alternative way in which to do so. This may be where the perpetrator is not identifiable, has not been caught or where they would be unable to pay compensation to the victim.
The CICA considers applications for criminal injuries compensation in line with the Criminal Injuries Compensation Scheme 2012 (the scheme). This sets a tariff which may be claimed for different types of injury at differing levels of severity. Later in this guide, we look at how the criminal injuries tariff works.
Our team can provide further information on how a solicitor from our panel could help you.
What Types Of Criminal Injuries Could I Claim For?
If you have been harmed in a violent crime you could claim compensation from the Criminal Injuries Compensation Authority (CICA). Annex B of the Criminal Injuries Compensation Scheme 2012 outlines what constitutes a violent crime for the purposes of such claims.
Examples of criminal injuries you could claim compensation for may include:
- Sexual assault or sexual abuse.
- Injuries caused by violent acts, omissions, or attacks. This may include common assault and similar circumstances.
- Threats against a person.
- Arson.
To make a successful claim, your physical or mental injuries must have been directly caused by the violent crime.
Am I Eligible To Claim Using The Criminal Injuries Compensation Authority?
As with any type of compensation claim, you must show that you are eligible to make a claim. In this instance, you must meet the criminal injuries compensation eligibility criteria. These are set by the CICA and are as follows:
- That you suffered mental or physical injuries as a result of a violent crime. As previously highlighted, this definition is set by the scheme.
- The crime must have taken place in England, Scotland or Wales (Great Britain) or it must have occurred in another relevant place. Relevant places may include ships registered in Great Britain.
- A report has been made to the police. You will receive a crime reference number when it is reported. The CICA expects that you did so as soon as reasonably possible.
- Claims must be submitted to the CICA within the relevant time limit. We look in detail at how long you have to claim in the following section.
One of our advisors could help if you are unsure whether you meet the eligibility criteria above. They can take the details of your case and assess whether you have a valid reason to claim through the Criminal Injuries Compensation Authority. They could also help you find further information about your rights after a crime.
How Long Do I Have To Claim Through The CICA?
Any claim to the Criminal Injuries Compensation Authority must be made within the relevant time limit. The CICA will expect that you both make a report to the police and submit any claim as soon as is reasonably possible to do so.
If you were over the age of eighteen at the time of the incident you will have two years from the date the crime occurred in which to claim.
There are circumstances in which claims can not be made within the two year time limit. For example, cases of historical sexual abuse. You must show that there were exceptional circumstances which prevented you from being able to make a police report and claim at an earlier time.
Further exceptions apply where the victim was a child when they suffered a physical or mental injury. Once a child reaches the age of eighteen they will have two years in which to claim, if the report was made to the police prior to this point.
If the report was not made to the police before the child turns eighteen, they will have two years from the date it is first reported.
To find out how long you have to claim criminal injury compensation and whether any exceptions may apply to your case, please get in contact with one of our advisors today.
What Is The Maximum Payout For A Criminal Injury?
The maximum payout for criminal injuries, where a claim is made through the CICA, is £500,000. This figure is inclusive of both compensation for loss of earnings and for special expenses.
As discussed earlier in this guide, the CICA will assess the value of your claim against the fixed tariff set by the scheme. The tariff lists different types of injury which may be sustained in a violent crime at different levels of severity. Alongside these the tariff sets out fixed compensation amounts.
Figures in the table below are taken from the tariff with the exception of the first entry. This includes both special expenses and loss of earnings highlighting the maximum possible settlement.
| Injury | Severity | Notes | Tariff |
|---|---|---|---|
| Multiple injuries | Serious | Compensation for both multiple injuries and special expenses/ loss of earnings. | Up to £500,000 |
| Brain damage | Very serious | Severe limitations physically as well as significant effects on the senses. | £175,000 |
| Brain damage | Moderate - significant | Dependent on others to some degree + changes to the personality and intellectual deficit. | £82,000 |
| Finger or thumb injury | Loss of both thumbs | Loss of both of the thumbs. | £55,000 |
| Genitalia | Loss of fertility | Loss of fertility | £55,000 |
| Leg injury | Loss of one leg | Loss below the knee. | £33,000 |
| Leg injury | Paralysis of one leg | Affecting one of the legs. | £27,000 |
| Burns to the neck | Severe | A burn injury which causes more than a minor degree of disfigurement. | £16,500 |
| Elbow injury | Dislocation or fracture | Affecting both elbows and with continual disability. | £11,000 |
| Pelvic injury | Continuing significant disability | Fracture | £11,000 |
Under the compensation scheme, you may claim for up to three different mental or physical injuries from the main tariff. If you need to claim for more than one the multiple injury formula will be applied. Under this, compensation is awarded as follows.
You will be awarded 100% of the tariff for the most serious/ highest valued injury. You will then be able to claim 30% for the second highest (or equally) valued injury. Finally, you could claim 15% of the tariff for the third injury.
In addition to compensation for your injuries, you may also claim either special expenses or loss of earnings. Loss of earnings may also be claimed. However, you will need to meet certain eligibility requirements.
Special expenses could include compensation for the cost of healthcare, adapting your home or for replacing physical aids which were damaged in the incident. Any special expenses you wish to claim for must be deemed to have been caused directly by the violent crime and that such expenses are reasonable and necessary.
Please get in touch with our team to learn more about how criminal injury claims are valued.
Can I Appeal If I Disagree With The CICA’s Decision?
If you disagree with the decision of the CICA you may be able to make an appeal. To do so, your appeal would be taken to the First-tier Tribunal (Criminal Injuries Compensation). You may make an appeal to the tribunal where you have been refused compensation or where you are unhappy with the amount awarded.
The tribunal may:
- Decrease or increase the amount of compensation you are awarded.
- Ask the CICA to decide again on your case.
- Uphold the decision of the Criminal Injuries Compensation Authority.
Please get in touch with our team for more information on how to make a criminal injuries compensation appeal.
Claim Compensation Through The CICA On A No Win No Fee Basis
Whilst you do not have to use criminal injury solicitors when making your claim to the CICA, we believe it can be beneficial to do so. A specialist solicitor may have experience in navigating the claims process. They could bring specialist expertise and knowledge.
If you choose to use one of the solicitors from our panel, they may take your claim on through a Conditional Fee Agreement (CFA). Under a CFA there are no ongoing or upfront solicitors fees. Instead, you only pay for their service if your criminal injury claim is successful. If it is not, you do not have to pay for their services.
If you are compensated, your solicitor will deduct a success fee from the compensation. There is an upper limit (under law) on the percentage which may be charged.
Contact us today for an assessment of your case and to find out if one of our panel of solicitors could help you make a claim through the Criminal Injuries Compensation Authority.
- Phone an advisor today on 020 8050 2736.
- Contact us to ask us to call you back.
- Use the live support on this page.
Learn More About Claiming Criminal Injuries Compensation
Here you can find additional criminal injury claims guides from our site as well as relevant external resources.
- Learn more about how compensation payouts for rape victims may be calculated in this guide.
- Here you can find out more about child abuse compensation claims.
- In this guide you can learn more about how one of the criminal injury lawyers from our panel could help you.
Further reading on criminal injury claims.
- Victims of crime can get help and support from the charity Victim Support.
- You can learn more about reporting crimes in this government resource.
- The NHS provides information on first aid in this resource.
We hope that our guide has helped you inform you about both the Criminal Injuries Compensation Authority (CICA) and criminal injury claims. Get further help and assistance from one of our panel of criminal injury lawyers by contacting us today.
