Why Would I Need Legal Representation for a Criminal Injuries Compensation Claim?

It’s a simple question and one that justifies an answer. A victim looking to pursue a criminal injury claim may wonder exactly why they would need to pay for legal assistance when submitting a claim to the Criminal Injuries Compensation Authority (CICA).

The following is a quick guide on the challenges that an applicant may face along with common misconceptions with CICA claims.

How simple is the process?

A CICA claim is procedural, more often than not they will follow similar structures in how they are dealt with; a claim is submitted, the CICA obtain and assess a police report, medical evidence is sought from the applicant and, if everything is okay up until this point, a decision is then made in relation to whether the case qualifies and the level of compensation that can be awarded.

When put like that, it all sounds very simple. However, what this does not include are the many challenges that the CICA can and likely to make, the difficulty in obtaining the information that the CICA may request and the complexity of the enquires that the CICA may make to an applicant. Depending on the intricacy of the claim, there may also be large amounts of paperwork to handle.

An applicant who has just gone through a traumatic experience such as rape or assault, can be overwhelmed by this and may be left heading towards a rejection from the CICA. This can seem increasingly unfair, especially when the rejection comes as a result of a technicality.

What technicalities might the CICA reject my claim on?

The CICA impose very strict conditions on applying for a claim through their scheme. The more unfair rejections usually come as a result of the conduct of an applicant during an incident, such as involving themselves in the situation in the first place, and the time limits that the CICA enforce for an applicant to complete a request set by them, to obtain further medical information or to complete complicated forms.

A legal representative has the expertise to identify whether a rejection can be overturned and the steps necessary for an applicant to do so.

What would a legal representative do for me?

First and foremost, a legal representative would be there whenever you needed them, regardless of how small you feel a query may be. At Oakwood Solicitors, one of our proudest attributes is the way in which we go above and beyond to help our clients. If there is any advice you require, our legal representatives would be there to help.

We understand that being a victim of a crime of violence can be a traumatic experience. As they act as an intermediary, all sensitive questions would be directed to your representative. If they can handle something without needing to bother you with sensitive issues, they will do so and relieve you of the unnecessary stress and strain.

This is not to say that you will be kept out of the loop, however. You will be provided frequent updates to advise you of the progress that your claim is making. This is something that an applicant will not usually obtain without chasing the CICA accordingly.

There are also large amounts of paperwork that come as a result of a CICA claim. These can include requests for medical information and questions that can be complex. A legal representative can assist you in completing any difficult documentation and obtaining any further evidence required by the CICA that you may be struggling to acquire.

Could I get a better offer of compensation with legal representation?

Having a legal representative statistically improves your likelihood of a CICA case succeeding. Figures published by the government demonstrate that the majority of people decide that they do not require legal representation and subsequently, a higher percentage of those people see their claims rejected when compared to those individuals who are assisted in their claim by legal help.

Of the 39,356 people who had a CICA claim finalised between 2017 and 2018, 60% decided not to seek legal representation and 62% of those individuals had their claims rejected.

The applicants who did not have any legal help with their claim and subsequently received compensation between 2017 and 2018, the average pay-out received was £6,934. The applicants who received compensation after having the help of a solicitor, received an average pay-out of £10,738; equating to an additional average of £3,804.

Would I have to ‘pay extra’ for a legal representative’s help?

Oakwood Solicitors work all CICA claims on a ‘no-win, no-fee’ basis. If you fully cooperate with us throughout your claim and it is unsuccessful, you will not be expected to pay anything. If you are successful, we will take a percentage of the overall compensation; ultimately meaning that the only time we will receive any money is if we have been successful in aiding you to obtain the compensation you deserve.

This means that we are incentivised to get you an award which falls into the highest tariff bracket possible in relation to your injuries.

What if I have any further questions?

Just as we would advise during a CICA claim with us, if you are still unsure about anything, please feel free to ask. The best way we can help with any enquiries that you may have regarding a CICA claim is if you get in touch with us directly.

Please see below for our contact details or click here to be taken to our Contact Us page. We are happy to discuss any potential claim. You are under no obligation to proceed with us and this would be a free discussion, in which you will experience compassion and empathy.

Further Reading

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

WHAT TO DO NEXT

For advice on how to escalate your CICA claim with us, get in touch today for a free initial 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.