Your questions answered
(1) I have been the victim of an
assault but did not report the matter to the police. Can
I still claim? Answer In most cases NO. The CICA
criteria is very strict in that the very least the
authority will expect is that genuine claimants will
have reported the matter to the police.
(2) I have not sought medical
treatment – can I still claim? Answer Generally the CICA
will look to see whether a claimant has received medical
treatment. It can be very difficult to claim if you have
not sought medical attention from either your GP, the
local hospital (A&E) or the ambulance service.
(3) I reported the matter to the
police but no further action was taken – can I still
claim? Answer Yes. The fact that the police did not
prosecute will have no bearing on your case provided
that the facts are clear and that you cooperated fully
with the investigation. (There may however be other
reasons for the CICA refusing your claim. Please see
question 6 below)
(4) Is there a deadline for making a
CICA claim? Answer The rules state that any claim for
criminal injury compensation must be made WITHIN 2
years of the injury being sustained. If the CICA
considers that there is a good reason for the delay and
that it is in the interests of justice to do so they may
be able to make an exception. For example if you were
injured as a child, or your English is poor, or if you
have a learning disability, you may still be able to
claim. They may also consider an out-of-time
application, if the injuries only became obvious some
time after the incident
(5) How is compensation calculated?
Answer Physical and/or mental injuries are graded
according to their seriousness. Relatively minor
injuries, such as scratches or bruises, alone will not
qualify for an award but if you have a combination of
minor injuries which cause at least two visits to a
doctor for treatment, and recovery takes at least six
weeks, then you may qualify. What if you have suffered
more than one injury? Different amounts of money are
allowed for different injuries. If you received more
than one injury as a result of a crime of violence, the
compensation will include the full amount allowed for
the most serious injury, 30% of the amount allowed for
the second most serious injury and 15% of the amount
allowed for the third most serious injury. Likely
awards: Broken Nose £2500-3000 Scarring to face £5000
Fractured jaw £4000-7500 Soft tissue injuries £1000+
(6) In what circumstances will the
CICA refuse to award compensation? Answer Compensation
may be reduced or withheld if:
• You don't personally report the crime to the police
as soon as possible. (Claimants who are too young, too
old, have a physical or mental disability or are
suffering psychological effects of the crime may be
exempt from this rule)
• You do not co-operate with the police. ie: If you
are unwilling, for example, to make a statement to the
police, the CICA may refuse to pay compensation.
• You do not co-operate with the CICA. The CICA can
reduce or withhold compensation if, for example, you
don't respond to reasonable requests for information or
you fail to attend a medical examination when you are
asked to.
• The CICA think you behaved in an 'inappropriate'
way before or during the crime. They might reduce or
withhold compensation if they thought you aggravated,
started or took part in the crime - for example, if you
used threatening or offensive language or struck the
first blow.
• If you have unspent criminal convictions. The
Criminal Injuries Compensation Authority uses a system
of penalty points based on the length and type of
sentence you have, and the time which has passed between
the date of the sentence and the date that the
application is received. However, convictions which are
spent under the Rehabilitation of Offenders Act 1974
will be ignored.
Many thousands of people are injured in
CRIMINAL ACTS each year. If you are an innocent victim
of crime and suffer harm, you may well be ale to claim
compensation.
MAKE AN ENQUIRY TODAY ABOUT CRIMINAL INJURIES
COMPENSATION
WHY SHOULD YOU CHOOSE US?
From the moment you contact us you are dealing
directly with experienced
compensation lawyers, not middlemen or
intermediaries Please contact our helpline today for an
informal discussion regarding your case. Or complete the
enquiry form opposite - we will contact you within one
hour:
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