Criminal Injury

Injuries as a result of a criminal act whether you have been physically assaulted, sexually assaulted, mugged or been the victim of arson or poisoning are particularly traumatic both physically and mentally. Our specialist criminal injury lawyers are able to apply on your behalf to obtain criminal injury compensation whether your attacker is caught and convicted or not.

We will pursue a claim on your behalf through the Criminal Injuries Compensation Authority (CICA) an organisation set up by the government to provide compensation to those injured as a result of violent crimes.

You should report the incident to the police as soon as possible and also seek immediate legal advice as there may also be other courses of action that you can take. Also the time limit in which to bring a CICA claim in the UK is just 2 years, however this varies depending on the injury and the nature of the crime. As well as claiming compensation for your injuries in severe injury cases you may also be able to claim compensation for your loss of earnings, future loss of earnings and expenses for care, needs and equipment and adaptations to housing.

Relatives claims in fatal injury cases
The relatives of victims who have died as a result of a criminal act or criminal injuries are also eligible to make a claim for a 'fatal injury' award. If you depended financially on the person who died, you may also be able to claim a 'dependency award.' Children under the age of 18 can claim an award for what is called 'loss of parental services'. Anyone who has paid for the funeral of the victim can claim back reasonable funeral expenses.

Only certain relatives can apply for criminal injury compensation, these include:

• the husband or wife
• the unmarried but long term partner (including same sex partners)
• a parent (This is not limited to natural parents - it can include someone who can show that the person who died regarded them as their parent.)
• a child (This includes children who were accepted by the person who died as their child. Children under the age of 18 can claim an award for 'fatal injury', 'dependency' and for 'loss of parental services'. An adult whose parent is fatally injured can only claim a 'fatal injury award'.)
• a former husband or wife who was financially supported by the person who died.

Criminal injury whilst overseas
The CICA only compensates people for criminal injuries suffered in England, Scotland and Wales, even if you were only visiting at the time of the incident. Injuries suffered elsewhere, for example while on holiday abroad, are not covered but there may be a similar compensation scheme in the country concerned. Northern Ireland, the Republic of Ireland, the Isle of Man and Jersey each have a criminal injuries compensation scheme. For service men and women there is a special scheme for overseas and legal advice should be sought immediately.

What happens in a claim for criminal injury compensation?
When the Criminal Injuries Compensation Authority receives your application, they will usually ask for information from the police, medical authorities and other organisations. When they have the information they need and have considered your claim, they will decide whether you are entitled to receive compensation and, if so, how much. This can take a number of months and, sometimes, years.

If you disagree with their decision, you can apply for a review. You will be sent information about applying for a review with the letter telling you the decision about your application. Your local branch of Victim Support can discuss this with you or refer you on to someone who can help you.