Can I still make a claim for an assault if nobody has been convicted?
This is a question often asked by the victims of violent crime. The simple answer is ‘yes’ but there are some conditions.
The Criminal Injury Compensation Authority (CICA for short) is a government funded organisation that pays compensation to the victims of criminal injury in certain circumstances. Firstly, the claim has to be submitted within 2 years of the injury being inflicted. There are some exceptions, such as child claimants and domestic abuse cases, but the usual deadline is 2 years.
Secondly, the incident must have been reported to the police as soon as possible. As well as reporting it to the police you must also co-operate with the police for example making a statement if asked to do so.
If the police cannot trace the offender, or if they trace him/her but then decide not to prosecute, you may still be able to claim so long as you can show that a crime took place this includes things like assaults.
The injuries must fall within the criteria set out in the CICA Scheme. You must also co-operate with the CICA while it is investigating your claim. There are various other conditions relating to claimants who have a criminal record or if the attack was provoked. You can read more about the criteria for Criminal Injuries here.
If you are not sure if you have a claim, we would be more than happy to discuss it with you.
Further reading
Criminal injury claims – Oakwood Solicitors
Who are the CICA? – CICA Website
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation about repetitive strain injury or any other form of industrial disease. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
