Can other means of compensation have an effect on my CICA claim?

Trying to obtain compensation through multiple means may seem like the best option, unfortunately this is the main cause for an applicant’s final award to diminish.

When it comes to compensation, it is important to note that you can only be compensated for the same incident once. Therefore, it is crucial that you choose the correct option to ensure your claim is successful.

What are my options?

There are two main options for compensation with criminal injuries, firstly there is a CICA claim for compensation, and secondly you may receive court compensation. Each option has its pros and cons, meaning an informed decision is necessary when choosing between the two.

Court compensation is where the judge orders the assailant to pay compensation to the victim. The advantage of this method is that it could result in a higher award compared to a CICA claim. However, compensation is limited to what the assailant can afford. This means that if the assailant is unable to pay the ordered amount, it is highly likely that the victim will end up with little to no compensation. The CICA will note that a judge has ordered compensation from the assailant and unfortunately, whether the victim is paid or not, this will affect any potential CICA claim.

When it is determined that a victim has received other means of compensation, the CICA will deduct this amount from any final award they make. In the case where the previous compensation is of a higher amount than that of the CICA claim, the award from the CICA will be classed as void and the claim will be worth nothing.

How can I prevent this?

This issue can easily be avoided if you are upfront with your legal representative about whether you are looking into multiple options of compensation. After explaining the incident, you wish to claim for, and answering all the necessary questions, your representative will be able to advise;

1) the likelihood of success for a CICA claim (as there are several specific criteria that an applicant must meet), and

2) whether a CICA claim, or court compensation, would be better for you in the long run.

Who can help?

A legal representative for CICA claims will only have limited knowledge on court compensation. Therefore, speaking to the police officer in charge of your case will allow you to gain some further information into this method of compensation along with how to start the process.

Similarly, if you have previously been awarded compensation and were wanting more information about the CICA claim process, a representative would be able to advise whether it would be worth submitting an application to the CICA. They would need to determine if the potential CICA award would be worth more than the previously awarded compensation, meaning that a deduction would not result in a void CICA claim.

In relation to CICA claims, at Oakwood Solicitors we have a specialised team with extensive experience in running these types of claims. If you believe that you are potentially eligible for a CICA claim, please use the details below to get in touch with a member of the team who would be happy to help.

Further reading

To learn more about the Criminal Injury Compensation Authority, read our guide to the CICA here.

What to do next

For any information about bringing a CICA claim, get in touch today for a free consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.