Criminal Injury FAQs

What is a violent crime?

• Usually a violent crime will involve a physical attack, for example an assault, a wounding offence or a sexual offence. In some instances a threat of violence may be considered a violent crime and can be considered for an award.
• Arson – may also be considered a violent crime and if you were injured as a direct result of a crime of arson you may be eligible for an award.
• Preventing an offence – if you received an injury whilst trying to catch an offender or whilst assisting a police office to catch an offender you may be entitled to an award.
• Accidental Injury – If you were injured accidentally as an innocent bystander or as a result of a criminal fleeing from the scene of a crime you may be entitled to an award.
• Poisoning – You may be entitled to an award if you were injured as a direct result of a crime of poisoning.
• Injuries caused by animals – you may be eligible for an award if the person responsible for the dog deliberately set it on you or the person responsible for the dog failed acted in a reckless manner by failing to keep it under control knowing that the dog was vicious towards humans.
• Injuries caused by vehicles – are not generally covered under the scheme unless the vehicle was used as a weapon and driven directly at you.

What type of injury can I be compensated for?

• Injuries can be physical and/or mental. A mental injury will need to have been diagnosed by a doctor or in the case of a serious mental injury by a clinical psychologist or psychiatrist.
• There will normally have been a recovery period of at least six weeks for the injury you received
• You should have had cause to visit your doctor at least twice in the six week period
• In addition you may qualify for loss of earnings if you have been unable to work for at least 28 weeks.
• Awards will not be made for less serious injuries such as scratches and bruises.

Relatives of victims who have died as a result of their criminal injury

• You may be able to apply for a fatal injury award
• There may be an entitlement to a funeral expenses award
• If you depended financially on the person who died you may be entitled to a dependency award
• Children under the age of 18 who were dependant on the relative who died may be entitled to a parental loss award

Why must I apply within two years?

Applications will only be considered if they are received within two years of the incident, this allows a reasonable period of time to make an application. As time lapses it becomes more difficult to locate documentary evidence needed in support of the claim. There are some exceptions to the rule and a late application may be made where;

• You were unable to act for yourself at the time of the incident
• Or you were under 18 at the time of the incident (however you must make your application as soon as possible after reaching the age of 18)
• In cases of sexual or physical abuse in your childhood this rule can be relaxed in some circumstances

Why does the crime need to be reported to the Police?

• Awards maybe reduced if the incident is not reported to the police within a reasonable period of time. You must co-operate with any enquiries and assist with any prosecution. If you do not tell the Police straight away it will make it difficult for the police to find the attacker. If you do not tell the police straight away and only report it later to make a claim then your application is more than likely to be rejected.

How much will I be awarded?

• The scheme has a tariff of awards which range from £1000 to £250,000. There is an upper limit of £500,000 which includes compensation for financial loss on top of the tariff award.

Can I be awarded my loss of earnings?

Yes in some cases although there are restrictions on how much you can recover. If in doubt ask your solicitor whether you will be able to recover your lost earnings as a result of time off work. 
Can awards be reduced or refused?

• In some circumstances awards can be reduced because of your behaviour, before during or after the incident in which you were injured, for example if you instigated the violence or used threatening behaviour or were taking revenge against your assailant.
• If you have a criminal record involving recent acts of violence or dishonesty.
• Or you failed to co-operate with the police or you delayed informing the police or other organisation of the incident.

Dealing with the CICA can sometimes be frustrating and confusing as their rules can often appear unsympathetic. The compensation is paid from taxpayers funds and the CICAs interests will not always be the same as your own. To assist you in getting the right level of compensation for your injury you may benefit from legal assistance. 
Here at Minster Law we realise what a traumatic experience you will have gone through as a victim of the crime. We can offer you the understanding and emotional support you need and guide you through the process involved in making a claim. 

Why not contact us today for a review of your case.

We will offer our services at a fixed amount, usually 20% of your compensation. Please contact us to discuss your case in more detail.
All standard fees are excluding VAT
The scheme covers only England, Scotland and Wales. Northern Ireland has a similar scheme in place.

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