The Criminal Injuries Compensation Authority (CICA) is a government body set up to deal with claims from people who have been mentally or physically injured because they were the blameless victim of a violent crime.
The Criminal Injuries Compensation Scheme 2012 sets down the criteria that an individual has to meet in order to be successful in their application.
Who is eligible under the scheme?
An individual is eligible for an award under the scheme if they are:
- A victim of a crime of violence
- Are in England, Scotland or Wales at the time of the incident
- Are physically or mentally injured as a result of the incident
- Have personally reported the matter to the police (the CICA will not accept any application if the police have not been contacted, unless there is a reasonable explanation for the delay)
- Have sustained injuries significant enough to qualify for the minimum award (at least) under the scheme
How do I apply?
You can make an application to the CICA in the following ways:
- By telephone
Are there any time limits?
An application to must be made to the CICA within 2 years of the date of the incident.
It is important to note that if the incident relates to childhood abuse the CICA may consider cases that are out with the two year time limit depending on the circumstances.
How are the injuries sustained valued under the scheme?
The awards that the CICA make for injuries sustained are determined by the tariff set out in the 2012 scheme. The lowest award (made in respect of minor injuries) is £1,000. If the CICA is of the opinion that your injuries do not merit the lowest award then they will not make any award in your case. The maximum award that the CICA will make is £250,000. This is usually made in cases involving severe injuries where the individual needs on-going care.
Can you claim for anything else in addition to your injuries?
Under the scheme you can also make a claim for the following losses:
- Loss of earnings
- A claim for loss of earnings will only be considered if you have been absent from work for over 28 weeks.
- Additional expenses
- This includes care costs, appointing an attorney, adapting your home
- These will only be awarded if they cannot be obtained free of charge from any other source
When will the CICA refuse to make an award (or reduce it)?
- If the incident has not been reported to the police, the CICA will not make an award
- If you fail to cooperate with the police, the CICA will not make an award
- If you were also acting in an aggressive or threatening manner at the time of the incident, the CICA may not make an award
- The CICA may reduce the award that you are entitled to if you have unspent convictions
At Jackson Boyd we have a great deal of experience in making applications to the CICA. If you have been the victim of a violent crime and would like to make a CICA application please contact us online by clicking here or speak to a member of our specialist team on 0333 222 1855.
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