Criminal injury claims
The Criminal Injuries Compensation Authority (CICA) is a government‑funded body that compensates victims of violent crime across the UK. If you have suffered physical or psychological injury as a result of a criminal act, you may be entitled to compensation, even where no one has been convicted.
Digby Brown has decades of experience representing victims of violent crime, particularly those who have sustained serious and life‑changing injuries. We can assess whether a CICA claim is right for you and guide you through the process with clarity and care.
Key requirements for criminal injury compensation
The CICA scheme contains several important conditions, including:
- Reporting to the police: The incident must be reported as soon as reasonably practicable. Delays can affect entitlement, although exceptions may apply in sensitive cases.
- Co‑operation with the authorities: You are generally expected to co‑operate with the police investigation.
- Conduct considerations: Your behaviour before, during, or after the incident may be taken into account and can affect the level of any award.
- Criminal convictions: Previous convictions may lead to a reduction or refusal of compensation, depending on their nature and timing.
These rules are applied strictly, but there are important exceptions. We can advise you on whether a claim is viable and how best to proceed.
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Frequently asked questions about criminal injury compensation claims in Scotland
Are here any time limits for criminal injuries claims?
In most cases, an application to the Criminal Injuries Compensation Authority must be made within two years of the date of the incident.
Where the injured person was a child at the time, the two‑year time limit normally begins when they reach adulthood. In cases involving childhood abuse, the CICA has discretion to extend the time limit where there are good reasons for delay. We can advise you clearly on how the rules apply to your circumstances.
How is criminal injury compensation calculated?
Compensation is awarded under a tariff‑based system. The scheme lists specific injuries, each with a fixed value. No award is made unless the injury has a minimum tariff value of £1,000.
Additional payments may be available for loss of earnings, where you have been unable to work for more than 28 weeks, and certain special expenses, such as dental treatment, subject to strict criteria.
The scheme is complex, and awards can be reduced or refused depending on how the rules are applied. Obtaining specialist advice at an early stage can make a significant difference.
Who pays the legal costs?
Criminal Injuries Compensation Authority awards do not include legal fees, and solicitor’s costs are usually paid from the compensation awarded. For this reason, it is not always cost‑effective to instruct a solicitor in low‑value claims.
At Digby Brown, we focus on serious criminal injury cases, including brain injury and other life‑changing harm. In suitable cases, we can offer no win, no fee funding through our dedicated funding company, Compensate.
If we accept your case, we fund it from start to finish and we cover the cost of expert reports and other outlays. If the claim is unsuccessful, you will not be charged a fee.
Our experience allows us to assess prospects carefully and pursue cases with confidence. Using this specialist approach, we have secured criminal injuries compensation awards in excess of £2 million.
How long will my CICA application take?
There is no fixed timescale for a Criminal Injuries Compensation Authority application. Each case is assessed individually, and the length of time depends on factors such as the complexity of your injuries, whether medical or expert reports are required, and how long it takes for the police to provide information.
We will keep you informed throughout the process and deal with the CICA on your behalf.
What do I need to do to help my criminal injury claim?
To qualify for compensation, the criminal injury must be reported to the police as soon as reasonably practicable. You must also cooperate fully with any police investigation.
We understand that this can be difficult, particularly in sensitive or traumatic cases, and we can advise you on how this requirement applies to your own circumstances.
What happens if I receive compensation from another source?
If you receive compensation from another source, for example, a civil claim, this may be deducted from any award made by the CICA. We will explain how this works and help you understand which option is likely to be most appropriate for you.
What are DWP benefits and how do they affect my claim?
If you are injured as a result of a crime and unable to work, you may be entitled to benefits paid by the Department for Work and Pensions (DWP), such as Income Support, Housing Benefit, Disability Living Allowance or Personal Independence Payment. These benefits can be taken into account when a Criminal Injuries Compensation Authority award is calculated.
Digby Brown has its own Welfare Rights advisers. If you would like advice about benefits you may be entitled to, we can arrange for them to contact you.
How is a criminal injuries claim funded?
Victims of violent crime can apply directly to the Criminal Injuries Compensation Authority for compensation. While there is no court fee, preparing a proper application often involves costs, including medical and expert reports.
Concern about meeting these expenses, and about solicitor’s fees, can lead some people to accept awards that do not fully reflect their injuries.
To address this, Digby Brown established Compensate, our independent funding company. Compensate provides a complete funding package, removing the financial risk of pursuing a Criminal Injuries Compensation Authority claim and allowing access to appropriate medical and expert evidence. This means you can focus on your recovery while we focus on your claim.
Expert legal advice on criminal injuries compensation
Victims of violent crime can suffer devastating physical and psychological consequences. You deserve clear advice and strong representation.
If you would like expert guidance on a criminal injuries compensation claim, contact Digby Brown for confidential advice or complete our enquiry form and a member of our team will be in touch.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
0333 200 5926
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Saturday and Sunday: 12pm - 4pm
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