SOLICITORS HELPLINE: ☎ 0344 414 0018
Criminal Injury Solicitors - CICA Compensation Claim
The Criminal Injury Compensation Authority (CICA) is a government funded body that exists to compensate the innocent victims of violent crime. Our criminal injury solicitors are members of both the Solicitors Regulation Authority panel of personal injury experts and the Association of Personal Injury Lawyers (APIL). Our specialist personal injury lawyers deal with applications to the CICA using the 'no win no fee' scheme which means that if your claim is not successful you will not pay one penny. If you would like free advice, just email our criminal injury solicitors offices or complete the contact form or use the helpline and a personal injury solicitor will speak to you on the telephone with no charge and no further obligation.
The amount paid by the UK CICA is dependant on the degree of trauma and injury sustained and whilst an assailant can be sued for damages in the county court it is far from certain that any sum awarded will be actually paid to the victim however an application to the CICA will ensure early and secure payment.
There are several basic criteria that must be satisfied in order that criminal injury solicitors can make a successful application to the CICA. Whilst it is not necessary for there to be a court conviction to secure payment of an award, in the event of failure to comply with any one of these requirements it is likely that an award of compensation will be refused :-
Claims can be made by criminal injury solicitors for other losses in addition to the award for pain and suffering. If the applicant is incapacitated and is likely to remain so for more than 28 weeks there is entitlement to claim for loss of earnings and the cost of medical care and expenses upon the expiry of the initial 28 week period. This potential award is also capped at £250,000.
It is important to note that the accused offender does not have to be convicted of a criminal offence to be liable for compensation. Compensation can be claimed even if the assailant cannot be convicted by reason of age, insanity, or diplomatic immunity. Motor vehicle accidents do not fall under the remit of the criminal injury compensation scheme unless the vehicle was effectively used as a weapon to deliberately to inflict injury. Similarly dog bite injury cannot be used as a basis to claim unless the animal was deliberately set on the victim by a controlling third party with the intention of causing personal injury.
CICA Refusal & Reduction of Compensation
There are several other issues that can have a bearing on the outcome of the application for an award by a criminal injury compensation claim solicitor. The application can be refused or the amount of the award can be reduced after consideration of the following matters :-
Right of Appeal - CICAP
If an award is refused or if the amount of the award is reduced due to the applicants behaviour, there is a right to reconsideration of a controversial decision, by a more senior claims officer within the Criminal Injury Compensation Authority and there is a subsequent right of appeal of any proposed award to the independent Criminal Injury Compensation Appeal Tribunal (CICAP).
Injury Compensation Tariff Scheme
The CICA is a public body that deals with the administration of a compensation scheme throughout mainland UK. The Authority's purpose is to pay damages to the innocent victims of violent crime in Great Britain by providing compensation for mental trauma, physical injury and consequent financial loss. The amount of the award of compensation for personal injury is based on a 'tariff' scheme and is decided after consideration of a printed guide that allocates a figure for each potential individual injury. All potential injuries are assigned a value within a tariff band ranging from £1,000 to £250,000. To qualify for an award the injury must have lasted at least 6 weeks and have required at least 2 attendances on a medical practitioner. Damages awards for personal injury have a minimum value of £1,000 and are capped at a maximum value of £250,000. Your criminal injury compensation claim solicitor will advise you and will consider an appeal if the amount initially offered is inadequate.
If there is a case which involves multiple injuries, only the three most serious injuries will be considered. The lesser of the three injuries suffered which are considered are discounted by a set rate, before all three amounts are added together to establish the total amount of the award as follows :-
Application must normally be made within two years of the incident that caused the injury although the Criminal Injury Compensation Authority does have discretion to extend the time limits and will do so as a matter of course for certain types of incident. Even if the primary limitation period has expired it is worth taking advice from a CICA claims solicitor as a great many applications are allowed outside the basic time limit.
An initial application is made to the Criminal Injury Compensation Authority in Glasgow on a pre-printed form usually within two years of the violent incident. The application is acknowledged and given a reference following which the CICA obtain medical evidence and a police report. The CICA follow up the initial application with a questionnaire and thereafter make a decision of whether or not an award will be offered and the amount of the award. The applicant can accept or refuse and may ask for internal review or take the matter to an independent tribunal for appeal. The entire process is usually completed in less than a year.
Our solicitors operate the no win no fee scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If the application is successful and a financial award is made to the applicant, we charge 25% plus VAT for our services which include any appeal that may be necessary to establish the applicant's right to receive payment.
Criminal Injury Solicitors
Our solicitors deal with Criminal Injuries Compensation Authority (CICA) claims using the no win no fee scheme the terms of which will be explained in full both verbally and in writing to you before the claim commences. If your claim is refused by the CICA you will not have to pay any legal fees. You do not have to fund or finance the case as it proceeds and you do not have to pay for any medical reports. If after taking our criminal injury solicitors initial advice you decide to proceed no further then you are under no obligation to do so and you will not be charged any legal fees. Our claims are completely risk free.
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Why should you use us?
This organisation is a completely independent charity that provides a free and confidential service, whether or not the matter has been reported to the police, to give emotional support, information and practical help to those who have suffered from the effects of crime. Victim Support operates a helpline where victims can obtain advice in complete anonymity. Victim Support witness service is available in every criminal court to provide information about court procedures to witnesses and victims.SOLICITORS HELPLINE: ☎ 0344 414 0018