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Criminal assault claims

The Criminal Injuries Compensation Authority (CICA) is an organisation set up to compensate the victims of crimes of violence in the UK.

The time limit for making a claim is two years from the incident. In the case of a child the two year period will run from the date when the child reaches the age of maturity. The time limit may be relaxed in cases of childhood abuse depending on circumstances.

How is compensation calculated for criminal injuries?

Compensation is based on a tariff system. The scheme sets out a large number of specific injuries each of which has a prescribed monetary value. No compensation is payable unless the injury attracts a minimum value of £1,000.

Loss of earnings is not payable unless the absence from work exceeds 28 weeks. Other expenses such as dental charges can only be paid if the claimant has been off work for more than 28 weeks.

Requirements for claiming compensation for criminal injuries

The Criminal Injuries Compensation Authority scheme has a number of important provisions –

  • The incident must have been reported to the police without delay. A delay of even a few days may be enough to rule out or reduce an award. If you have been assaulted at work a report to your employer may be treated as sufficient.
  • You must have co-operated fully with the police in bringing the attacker to justice. Withdrawal of a complaint or refusal to give evidence will usually result in refusal of the claim.
  • Your own conduct before during or after the incident will be taken into account and may prevent or reduce an award. If you have provoked an argument or voluntarily taken part in a fight that will generally result in refusal of the claim.

If you have criminal convictions these will be taken into account and may prevent or reduce an award depending on the number and seriousness of the convictions and how recent they are.

Who pays for legal costs?

It is important to note that if the CICA does make an award, the award will not include your legal costs. These will have to be paid out of the award. For that reason it will not be possible for us to act in low value cases and it would not be economic for you to instruct a solicitor in such cases.

At Digby Brown we specialise in criminal injuries claims involving serious injury, particularly brain injury. In appropriate cases we offer no win, no fee through our funding package, Compensate.

Victims of violent crime can suffer devastating physical and psychological injury. Digby Brown’s experience and expertise in acting for the victims of criminal assaults allows us to assess the prospects of success.  If we form the view that a case has reasonable prospects of success, we can fund the case from start to finish. In the event that the case is unsuccessful, we will cover any liability to meet the client's own outlays, eg for medical reports, and will not charge a fee.

Using our expertise we have obtained awards in excess of £2 million.

Expert advice on criminal injuries compensation

For expert advice on your criminal injuries compensation claim please call 0333 200 5925 or fill in our brief enquiry form and someone will contact you.

 





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