If you have been injured or a relative has been killed as a result of criminal
activity then you may be entitled to compensation under the Criminal
Injuries Compensation Scheme by the Criminal Injuries Compensation
Authority (CICA). We are fully conversant with the scheme and will be able
to assist you with the obtaining of compensation if appropriate. However,
please note that the costs incurred in bringing such an application are not
recoverable against the other party. The compensation recovery is
governed by the Criminal Injuries Compensation act 1995. There are a
considerable number of exclusions with regard to those who can apply
for the scheme and limitations on what you can obtain if you do apply. We
set out below the main matters for consideration:-
Exclusions
1. If you were injured before the 1st August 1964.
2. If you have already made an application for injuries under a different
scheme.
3. If the injury happened before the 1st October 1979 and you lived together
with the person who injured you.
For your Application to be considered, you must be
1. A victim of crime or violence or injured in some other way which is
covered by the scheme.
2. Physically or mentally injured.
3. Living within England, Scotland or Wales when the injury was
sustained.
4. Have a serious enough injury to qualify for the scheme.
5. Be a dependant or relative of a victim of crime.
6. The injuries must be worth over £1,000.00.
7. There are also numerous other conditions with regard to reporting the
incident to the police and this must be done within 2 years of the date
of the incident. The rules are different for personal injury and fatal injury
and you should contact us for further advice. Also, there are time limits
for both applications but they can be waived in exceptional
circumstances. However, the CICA do have discretion with regard to
the reporting obligation.
Access to your Records
When applying to the CICA, you will have to give them full permission to
access your medical records and all other relevant bodies to enable the
claim to be proceed. There is a tariff for the amount that you can recover.
Prosecution of the Criminal
The CICA will normally expect a conviction to be made in respect of the
person who committed the crime and although that this is not essential
they consider it is the duty of every victim to inform the police of all the
circumstances as soon as possible after the incident and fully co-operate
with them. Failure to co-operate with the police and report the crime as
soon as possible after the incident may result in the claim failing.
Voluntary Involvment
The claim may also fail if it can be established that you were involved in a
fight which you agreed to take part in. You will be very unlikely to recover
damages in these circumstances.
Previous Criminal Convictions
The fact that you have a previous criminal conviction may be used by the
authority to withhold or reduce the amount they reward to you.
As you will appreciate, the conduct of claims against the Criminal Injuries
Compensation Authority is complex and we would be able to assist you
with this.
NB. Legal costs are not recoverable apart from necessary disbursements
which may be payable subject to discretion of the Criminal Injury
Compensation Authority. Our legal charges therefore for these types of
claims will have to be deducted out of monies recieved but we do operate
on the basis that if you recieve no monies there will be no charge.
