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Criminal Injury Claim

Criminal Injury Claims

If you've been hurt due to a criminal act, you might be able to get compensation through a criminal injury claim. This compensation can help with the physical or emotional injuries you suffered because of the incident.

We know it takes a lot of inner strength and time to recover from an injury caused by a violent claim. Deciding to claim compensation is a significant step that might bring up strong emotions. At Lawhive, our network of personal injury solicitors and legal assessment experts are here to help you through the process.

Often, we find, that many people who seek compensation for criminal injury feel a sense of closure when they win their case. Additionally, the money you receive in the settlement can cover any expenses that result from your injury.

For a no-obligation conversation about your criminal injury claim, and to find out how we can help you on a no-win, no-fee basis, get a free case assessment from our legal assessment team today.

What is a criminal injury?

A criminal injury is any harm to your body, emotions, or property caused by a crime.

Criminal injury could result from a crime directed at you or something you unintentionally get involved in. Common situations leading to criminal injuries include:

• Rape or sexual assault;

• Aggravated assault;

• Thefts and muggings;

• Domestic abuse;

• Hit-and-run accidents.

What is The Criminal Injuries Compensation Authority (CICA)?

The CICA is a UK Government agency funded by the Ministry of Justice. Its purpose is to oversee and manage compensation claims for individuals who have suffered physical or mental injuries due to violent crimes in England, Scotland, and Wales. This is known as the Criminal Injuries Compensation Scheme.

The scheme recognises that, while no amount of compensation can fully compensate for harm and suffering caused by violent crime, injury awards serve as a gesture of public sympathy and acknowledgment of the harm experienced by victims.

To qualify for an award under the scheme, the criminal injury must be listed in the tariff of injuries. The CICA decides the award amount based on these prescribed amounts, considering the severity of the injuries and their impact on the victim.

Importantly, you can make a claim even if the perpetrator has not been caught, tried, or convicted. The CICA makes judgments based on the "balance of probabilities," which is different from criminal law cases where guilt must be proven "beyond a reasonable doubt."

If you've reported the crime and meet the specified criteria, you shouldn't hesitate to pursue a criminal injury compensation claim, even if you're unsure about the identity of the person responsible.

Who can claim compensation for a criminal injury? 

If you were hurt in a violent crime in England, Scotland, or Wales and reported it to the police, you might be eligible for compensation. You may qualify if:

• You suffered a serious physical or mental injury;

• You were the innocent victim of a crime, like an attack;

• You reported the crime to the police promptly and cooperated with their investigations.

Claims can be made for various situations, including:

• Mental or physical injury resulting from a violent crime;

• Sexual or physical abuse;

• Loss of earnings when you're unable to work due to a criminal injury;

• Costs incurred directly due to an incident;

• Fatalities caused by a crime of violence.

If someone is found guilty of a crime against you in the criminal courts, a judge may order them to pay compensation to you. Awards can cover:

• Personal injury;

• Pain and suffering;

• Property damage or loss;

• Fraud-related losses;

• Lost wages;

• Medical expenses;

• Travel expenses.

What is the time limit for making a criminal injury claim?

You should apply for criminal injury compensation as soon as possible, especially if you were an adult at the time of the incident. You do not need to wait for criminal proceedings to end before making a criminal injury claim.

If you're claiming under the Criminal Injuries Compensation Authority (CICA) scheme, normally your application should be made within two years of the incident.

That being said, this time limit can be extended in exceptional circumstances, for example, if an application couldn't be made earlier due to specific reasons, and there is evidence to support a decision without further extensive inquiries.

Time limits for applicants who were under 18 when the incident happened

If you were under 18 at the time of the incident, special provisions apply, but it's still essential to apply as soon as possible.

If you can't make your application, a person with parental responsibility can apply on your behalf. Generally, making an application close to the time of the incident makes it easier to provide evidence that you were injured due to a crime of violence.

For incidents reported to the police before your 18th birthday, the application must be received by your 20th birthday. If the incident was reported on or after your 18th birthday, the application should be made within two years of the first police report.

Same roof rule

The 'same roof rule' stopped compensation for incidents that happened between August 1964 and September 30th 1979 in cases where the applicant was living with their assailant as a family member.

This rule was removed from the Scheme in 2019, allowing applications to be submitted from those injured in circumstances falling under 'the same roof rule' who had not previously applied for compensation or from those whose application had been refused under this rule.

The deadline for applications related to this rule was 13th June 2021, however, CICA has the discretion to consider applications beyond this deadline if there are exceptional circumstances and the supplied evidence supports an application without the need for further extensive inquiries.

Is it possible to claim criminal injury compensation if you were injured trying to stop a crime?

Yes, you may be able to claim criminal injury compensation if you were injured while trying to stop an offender, prevent or remedy the consequences of a crime, or assist the police in doing so. However, compensation may only be awarded if it is found that you were taking an exceptional risk that was justified in the circumstances.

A risk isn't considered exceptional if what you did was something you might reasonably have been expected to do in the normal course of your work. When determining if the risk was justified, all circumstances will be taken into account, including the severity of the situation and whether there was an immediate threat to those involved.

Can you claim compensation if you witnessed a crime?

Yes, you may be entitled to seek compensation for a mental criminal injury if you:

• Were present at an incident where a loved one suffered a criminal injury due to a violent crime; or

• Were involved in the immediate aftermath of such an incident.

"Immediate" refers to the period directly following the incident in which your loved one was injured. It doesn't include situations where someone is told about the incident later and claims cannot be made by witnesses who were present remotely, such as through television or other media.

To seek compensation for witnessing or being involved in the immediate aftermath of a loved one's injury, you must have experienced a disability or mental injury to get compensation. This kind of injury is defined as one that significantly impairs a person's ability to carry out normal day-to-day activities for a specific duration. Medical evidence confirming these adverse effects is required for a successful claim.

Can I claim compensation for a criminal injury if I did not report it to the police?

To file a claim under CICA, the incident must be reported to the police as soon as is reasonably possible. This applies even if you've reported it elsewhere, such as to your workplace or a doctor.

If the incident is reported to the police much later, CICA may inquire about the reasons for the delay taking into account the victim's age, capacity, well-being at the time of the incident, and whether the nature of the incident made earlier reporting unreasonable.

How to make a criminal injury claim

You can file a claim under the CICA on the gov.uk website.

If you choose to use a personal injury solicitor, they can help you with the claims process, supporting you to get the compensation you need and deserve quickly so you can move forward with your life.

To be eligible for compensation you must:

1. Report the crime to the police;

2. Cooperate with the police in their investigations.

Additionally, there are time limits for making a claim. Generally, you should apply within two years of the crime happening.

If the crime happened when you were a child and wasn't reported, you have up to two years to claim from the date you report it as an adult.

If the crime was reported when you were a child, but no one claimed on your behalf, you can claim once you turn 18 until your 20th birthday.

Other circumstances may affect the time limit, so it's a good idea to speak to a personal injury solicitor for guidance on your specific situation.

Do I need to provide evidence in a criminal injury claim?

In the criminal injury claims process, you must provide evidence of what happened to you.

You may need to provide proof that:

• The incident was reported to the police;

• Your actions didn't play a role in the incident;

• You cooperated with the police during their investigation.

If you have a criminal record, you'll likely need to provide some details about that, too.

You may also need to provide:

• Proof of residency;

• Medical evidence that clearly shows the injury you suffered and that it falls under the category eligible for compensation;

• Supporting evidence for loss of earnings or special expenses, like pay slips, your P60, bills, bank statements, or any other relevant documents.

How much compensation can I claim for criminal injury?

The amount of compensation you can claim through the CICA depends on the nature and severity of your injuries, as well as the expenses you've incurred since the injury occurred.

A CICA claim can cover various elements including:

• Physical injuries;

• Disabling mental injuries (such as depression, anxiety, PTSD, etc);

• Death of a close relative;

• Funeral costs for the deceased;

• Loss of earnings;

• Expenses for care, home adaptations, mobility aids, or damage to physical aids (e.g. dentures, walking sticks, or glasses).

Each criminal injury claim is unique and varies based on the victim's circumstances.

Our criminal injury claim compensation solicitors will be able to give you a better idea of how much you could claim based on the information you can give them.

The more detailed evidence you can collect of how your injury happened and proof of your injury’s physical and mental costs, the better.

Compensation amounts are outlined in the Criminal Injuries Compensation Scheme 2012, and specific tariffs apply based on the type and severity of the injuries:

The tariffs are as follows:

To be eligible for compensation from the Criminal Injuries Compensation Authority (CICA), your injuries must meet the minimum award threshold of £1,000.

In cases of fatal injuries resulting from violent crimes, you may also be entitled to compensation. This can include bereavement payouts related to the loss of parental service, funeral costs, and financial dependency.

In cases of mental injury resulting from a sexual assault, the scheme doesn't permit payments for both simultaneously. Rather, you can only get compensation for either the mental injury or the sexual assault, whichever has the higher payout.

Loss of earnings compensation

If you can't work because of criminal injury, you may qualify for a loss of earning payment.

This applies when the injury results in a complete inability to work or a very limited capacity (i.e. only a few hours of paid work per week).

To be eligible for a loss of earnings payment, you need to provide evidence that:

1. You were employed at the time of the incident, or you have an established work history in the three years before the incident;

2. Your loss of earnings lasted more than 28 weeks.

Loss of earnings payments are calculated at the rate of statutory sick pay applicable at the claim decision date.

It's also worth noting that payment for the initial 28 weeks of loss is not provided.

Special expenses

CICA also considers claims for special expenses. These are costs you incurred due to your injury.

To be eligible for a special expense payment, your criminal injury must be severe enough to have caused a loss of earnings or earning capacity, or similar incapacitation for more than 28 weeks.

Special expense payments are designed to cover:

• Loss or damage to property or equipment;

• Treatment costs under the NHS or equivalent state health service;

• Special equipment;

• Adaptation of accommodation;

• Cost of care;

• Supervision costs;

• Fees to Court of Protection or Public Guardian;

• Costs arising from lack of mental capacity;

• Cost of setting up a trust.

Compensation for more than one criminal injury

If you sustain two or more severe injuries as the result of a violent claim, both of which qualify for compensation, you may be entitled to:

• 100% of the full tariff value for the most serious injury,

• 30% of the tariff amount for the injury with an equal or second-highest value; and

• 15% of the tariff amount for any additional injury with an equal or third-highest value.

CICA limits compensation for criminal injuries to three. However additional payments are available for certain circumstances resulting directly from an injury or assault, such as pregnancy, loss of a foetus, or contracting a sexually transmitted disease.

Bereavement and dependency payments

In the unfortunate event of a close relative's death due to criminal injury, you may qualify for bereavement and dependency payments if you were, at the time of the person's death:

• Their spouse or civil partner, living together in the same household;

• Their partner living with them in the same household for a continuous period of at least two years immediately before the death;

• A person who would satisfy the above but did not live with them due to ill-health or infirmity;

• The spouse or civil partner, or former spouse or civil partner, of the deceased who was financially dependent on them;

• A parent of the deceased;

• A child of the deceased, including adult children and children born after the incident.

There are nuances to this, for example, if you are the victim's former spouse or civil partner, and were financially dependent on the victim at the time of their death, you may be eligible to apply for a dependency payment, excluding a bereavement payment.

If you're unsure about your position and if you have a claim following the death of a loved one following a criminal injury, you should speak to a personal injury solicitor to get personalised advice on your situation.

How is compensation paid for a criminal injury claim?

When it comes to settling criminal injury claims, CICA generally offers a single lump sum payment wherever possible.

This payment is usually made directly to you or your solicitor.

However, in some cases, CICA might say that a trust must be set up. In these cases, the claimant is the beneficiary of the trust.

For claimants under 18, tariff awards, bereavement payments, and dependency payments are usually put in an interest-earning deposit account until their 18th birthday.

Payments related to loss of parental services and dependency are made to the person with parental responsibility for the claimant. Alternatively, a request can be made for CICA to hold the payment, or they may look into options like an annuity or a trust.

Can you claim interim payments for criminal injuries?

CICA will sometimes consider an interim payment for criminal injury claims. This usually happens if they're waiting to understand the long-term impact of your injury.

Usually, interim payments are only made if it's very likely you'll get a certain amount as compensation and they are subtracted from the final award.

Why might a criminal injury award be refused or reduced?

Failure to cooperate with CICA or another body

If you don't provide reasonable assistance to CICA or any other relevant party concerning the application, this may lead to a refusal or reduction in compensation.

Instances where CICA may refuse or reduce an award include:

• Not informing CICA of changes to your address or circumstances;

• Repeatedly and without valid reason failing to respond to communications through post or email;

• Withholding information that could impact your claim;

• Providing false or exaggerated details about your injuries;

• Failing to attend a medical examination to verify your injuries.

Conduct

Before making a compensation award for criminal injury, CICA will look at whether your behaviour before, during, or after the incident warrants a full or reduced award, or even if it's inappropriate to make any award at all.

To do this, CICA will look at whether or not you:

• Acted in an aggressive or threatening manner;

• Intended to provoke an assault or violence;

• Have a history of violence with the perpetrator;

• Willingly participated in a fight;

• Were seeking revenge against the assailant.

Intoxication through alcohol or drugs isn't taken into account when deciding on an award unless it played a direct role in provoking the incident leading to the assault.

Your criminal record

CICA may refuse or reduce compensation for criminal injuries if you. have an unspent criminal conviction at the time of your application or you are convicted of a crime before the final decision is made. However, this doesn't apply to convictions resulting in only endorsements, penalty points, or fines under the Road Traffic Offenders Act 1988.

No compensation is given for applications with an unspent conviction for an offence that resulted in a:

• Custodial sentence;

• Service detention;

• Community order.

If you have an unspent conviction with a sentence not listed above, an award may be withheld or reduced unless there are exceptional reasons.

If you have an unspent conviction, or you receive a conviction while your claim is under consideration, you should tell your personal injury solicitor and CICA as soon as possible.

Your character

CICA also assesses any available evidence about your character to determine if it's appropriate to make a full or reduced compensation payment. They might take into account evidence related to involvement in illegal drugs, criminal activity, tax evasion, or benefit fraud.

Other payments

CICA may look at if you have attempted to claim compensation from other sources. They might also ask why you haven't done so.

Compensation awards for criminal injuries may be reduced or withheld if you've received or are entitled to a payment for the same injury from:

• Another criminal injuries compensation award or similar payment;

• An order for damages from a civil court;

• Settlement of a damages claim;

• Any compensation order or offer during criminal proceedings.

Special expense payments may also be reduced to account for social security benefits you receive for the same expenses.

Do I need a solicitor to make a criminal injury claim?

You don't need to appoint a criminal injury claim solicitor to seek compensation. However, they can be invaluable in helping you understand what you are entitled to and making a strong case for your claim.

If you do decide to appoint a solicitor, communication from CICA will go through them, helping reduce the pressure and stress on you during a potentially difficult and traumatic time.

How long does a criminal injury claim take?

A criminal injury claim typically takes a year. However, for more complex cases, it might take longer.

The time it takes depends on how much information is needed, and if you're still receiving medical treatment.

Can I make a criminal injury claim if the incident happened abroad?

If you're a UK resident and get injured due to a violent crime in another company, you can apply for compensation depending on where the crime occurred.

For clarification on this, you should speak to a solicitor for support or contact either the British embassy, high commission, or consulate. If you were injured outside the EU, you can check with the Foreign and Commonwealth Office for similar schemes.

Members of the Armed Forces who have been the victim of a violent crime while serving outside Great Britain may be able to claim through the Criminal Injuries Compensation (Overseas) Scheme.

If you are a resident of the UK and got injured outside the UK in a terrorist attack, you might be eligible for the Victims of Overseas Terrorism Compensation Scheme.

Help and support if you’ve been a victim of crime

Emotional distress can be overwhelming after experiencing a criminal injury, or indeed witnessing a crime. In addition to seeking compensation, various support services can help you cope:

• Victim Support runs a free and confidential victim support line 24/7;

• Victims of sexual violence and abuse can find support at Gov.uk;

• Sexual Assault Referral Centres provide a safe space and care;

• Different support is available for victims of crime in Scotland and Northern Ireland.

No win no fee criminal injury claims 

Criminal injury claims often operate on a win, no-fee basis, empowering you to claim without the burden of upfront legal fees with the help of an experienced solicitor.

In no-win, no-fee cases, if your claim is unsuccessful, you won't be left with any financial burden.

How Lawhive can help

At Lawhive, our network of criminal injury solicitors is here to support you when you're ready to talk about your situation.

We understand that opening up about injuries and trauma resulting from criminal actions can be difficult, but please rest assured our service is confidential and obligation-free.

Our legal assessment experts are here to help you understand your options and won't pressure you to talk about, or do, anything that makes you feel uncomfortable.

When you're ready, we're here to listen and assist with a free case assessment. We'll help you understand the strength of your claim, potential compensation, and the expected timeline. And, if you decide to pursue a criminal injury claim, we will connect you with the very best personal injury solicitor for your case, who will be by your side through the process.

Get your free case assessment today to talk to us and discover how we can help.