Assault Compensation Solicitors - CICA Claims
SOLICITORS HELPLINE 0845 644 4163
Our assault compensation solicitors are qualified to assist victims of violent crime including robbery in making a claim for criminal injury compensation for physical damage sustained in an assault including s47 assault, s18 actual bodily harm and s20 grievous bodily harm. Our solicitors take cases on a risk free no win no fee basis. If your application is unsuccessful for any reason, you do not pay any legal fees or expenses.
Criminal Assault Categories
Most criminal charges relating to violence against another person that give rise to applications for criminal injury compensation are outlined within the Offences Against the Person Act 1861. Robbery is the combined act of theft and assault (or the threat of assault). There are 4 main categories of violent assault as follows :-
- S42 of the Offences Against the Person Act 1861 states that a common assault is committed when there is unlawful violence or fear of violence upon another person.
- S47 of the Offences Against the Person Act 1861, relates to an assault occasioning actual bodily harm (ABH) and comprises the majority of violent offences heard by Magistrates Courts. Injuries are usually visible and must be the result of the actions of the aggressor.
- S20 of the Offences Against the Person Act 1861 relates to maliciously inflicting grievous bodily harm (GBH) or malicious wounding.
- S18 of The Offences Against the Person Act 1861 relates to wounding with specific intent to cause injury and is charged when a weapon is involved. This is the most serious assault charge under the 1861 legislation with the maximum penalty being life in prison.
Criminal Injury Compensation Claim Procedure
The following is a brief guide to criminal injury compensation for assault and robbery. In the UK, there are basic requirements set forth by legislation that must be satisfied in order to bring a successful claim. Applications must be received by the Criminal Injuries Compensation Authority (CICA) within two years of the reported incident. However, the CICA does have the authority to extend this time limit for cases that involve unusual circumstances.
Three main categories of people are eligible to bring a Criminal Injuries Compensation Authority claim :-
- An innocent victim who was physically or psychologically injured as the result of a violent crime.
- The parent, child, spouse or partner of a victim who died as the result of a violent crime
- Acquaintances that can claim a genuine relationship with a person who has been the victim of a violent crime. This person needs to have been present when the crime took place or involved immediately afterwards and must have suffered psychological trauma as a result.
If you have been injured as a result of violence and would like assault compensation an application can be made to the CICA. There are certain requirements as follows :-
- Injuries must have lasted at least 6 weeks
- The injuries must have necessitated at least two visits to a medical practitioner.
- Claims must be submitted in writing to the CICA within 2 years of the violent incident. In rare circumstances, this two-year period may be expanded.
- The victim's criminal record of 'unspent' convictions , not only those involving violence, is taken into account.
- The incident should be reported to the police or other relevant authoritative body at the first possible moment. Any delay in reporting can preclude payment.
- An applicant for compensation must cooperate with the authorities to attempt to bring the assailant to justice.
- It is not necessary for there to be a conviction of the offender and it is not necessary for the perpetrator of the assault to be identified.
- Payment for the injury is calculated by a tariff scheme in bands ranging from £1,000 to £250,000.
- An additional amount up to a maximum of £250,000 can be paid for other losses.
- Lost wages may be claimed where recovery is a lengthy process.
- It may be possible to recover some or all medical expenses.
- How the victim behaved before, during, and after the incident is considered when an application is being processed and may result in a reduction or refusal of compensation.
- If the amount awarded under the CICA tariff scheme is rejected by the applicant as insufficient then there is a right to have the award reconsidered, and thereafter a further right to take the matter to appeal.
Refusal of Compensation
If any of the following circumstances apply to the claim, the Criminal Injuries Compensation Authority will refuse an award of compensation :-
- The crime took place outside of England, Scotland or Wales; note that a separate scheme is used in Northern Ireland.
- Only a single minor injury was suffered, it did not require at least two visits to a doctor and the recovery period was less than 6 weeks.
- The crime was related to sexual abuse which ceased prior to October 1979.
Reduction of Compensation
The Criminal Injuries Compensation Authority has the authority to deny claims or reduce the amount of compensation awarded based on a variety of factors, including :-
- The victim failed to fully cooperate with police investigations.
- There was an unreasonable delay in reporting the incident to the police or other appropriate authority.
- The victim provoked the assault or agreed to take part in the event that caused the injuries.
- The victim's behaviour following the assault was aggressive or unreasonable.
- The victim has 'unspent' criminal convictions as defined by the Rehabilitation of Offenders Act.
Murder & Fatal Injury
In cases of fatal injuries the Criminal Injuries Compensation Authority may make payment to the victim's parent, child, spouse or partner. If there is a sole claimant, an award of £11,000 will be paid. If there is more than one qualifying recipient, the sum of £5,500 is awarded to each claimant. Compensation for funeral expenses can be awarded to the individual who paid for such services.
A victim of assault or robbery who is dissatisfied with the amount of compensation awarded by the Criminal Injuries Compensation Authority has the ability to appeal the decision. Any decision made by a junior claims officer can be appealed to a more senior officer. The senior officer will then review the decision and may adjust the amount awarded. A senior officer's decision may be appealed to the independent Criminal Injuries Compensation Appeals Panel (CICAP).
Assault Compensation Solicitors
To receive free legal advice about your case and the CICA claims process, contact us today. You will speak with an assault compensation solicitor who is a member of the Law Society panel of personal injury experts. There is absolutely no charge for this consultation and you are under no obligation to proceed with your claim. Simply complete the contact form or call our helpline.
SOLICITORS HELPLINE 0845 644 4163