Crime at Christmas: When to make a CICA Claim

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As Christmas parties took place across the country this weekend, hundreds of partygoers hit the town to let their hair down and celebrate the year.

But unfortunately, sometimes a good night ends abruptly due to a fight or violence breaking out.

But, if you have been left injured after being attacked or assaulted in a public place – such as in the street or a bar – you may be entitled to claim compensation. The Criminal Injuries Compensation Authority (CICA) pays out compensation to victims of crime who have been left injured in a ‘relevant place’.

Crime at Christmas

A crime of violence refers to a crime, which by intention, involves any of the following – a physical attack, any other act (or failure to act) of a violent nature which causes physical injury to a person, a threat against a person causing fear of immediate violence, sexual assault or arson.

Meanwhile, for the claim to be successful, it must have happened in a relevant place. This simply means it must have occurred in Great Britain. However, some other areas fall under the CICA’s definition, including a British-controlled aircraft, a British-controlled hovercraft, or a lighthouse off the coast of Great Britain.

However, other criteria must be met or can affect your eligibility to claim such as if you had previous convictions or if you are out of the time limit to claim.

Below we answer some commonly asked questions.

What is the time limit to make a claim?

As a general rule, the crime must have taken place within the last two years to put in a criminal injury application to the CICA. There can be exceptions to this rule if, due to exceptional circumstances, the applicant could not have applied earlier.

If an applicant was a child under the age of 18 on the date of the criminal incident, they have until they turn 20 years old to submit a claim.

The Crown Prosecution Service (CPS) and the police have been known to tell an individual not to put in a claim to the CICA until after a criminal investigation has concluded however this can put you in severe danger of missing the pre-imposed deadlines that have been set.

Do I need to tell the police

Yes. For your claim to be successful, you must have reported the crime to the police as soon as ‘reasonably practicable’, and fully co-operate with the police and also your CICA claims officer.

Can my conduct or previous convictions affect my eligibility?

The CICA has the power to apply reductions or even outright reject an application if, before, during, or after the incident giving rise to a criminal injury, the applicant’s conduct makes it inappropriate to make an award or full award.

In some circumstances, it may reduce or even withhold a compensation award where an applicant has previous criminal convictions. This largely depends on whether a conviction is ‘spent’ or ‘unspent’. Simply put, each conviction has a period in which it remains relevant in law until it has elapsed. This time differs depending on the severity of the offence.

Some criminal offences, while unspent, will completely restrict the CICA’s ability to grant compensation to an individual. Some examples are as follows:

How much compensation will I get?

The amount of compensation you are awarded depends on the severity and ongoing impact of the injury.

Common awards include:

A fractured jawbone resulted in ongoing problems. This would be valued at £3,500 and could rise to £6,200 if an operation had taken place.
Facial scarring causing serious disfigurement. This could be valued up to £11,000.
Injuries resulting in permanent tinnitus which is very severe can be valued at £16,500.
Loss of teeth could be valued up to £3,500.
A permanent and seriously disabling psychological injury, with a potential value of up to £27,000.

I have more than one injury – Will I get more compensation?

If you have more than one injury caused by the violence, the CICA pays out on up to three injuries if they qualify for individual awards, calculated as follows:

100% of the injury that achieves the highest compensation
30% of an injury that is worth either equal to the most serious injury or the second-highest compensation
15% of an injury that is worth either equal to the second most serious injury or the third-highest compensation

I haven’t been able to work because of my injury – What will happen?

If your injury has caused you to miss a significant amount of work, then you may be able to claim for loss of earnings. If you have missed work over 28 weeks, there is the option to add a claim for lost earnings to your CICA application.

You will be paid from the 29th week onwards that you have missed work and payments will be made via statutory sick pay rates. Supporting evidence must be provided from your doctor or employer to demonstrate that you were unfit for work for the length of time mentioned above.

What else can I claim for?

You may be entitled to claim for special expenses such as medical expenses and alterations to your household, that have arisen as a result of your injury may also be claimed for.

These expenses must be reasonable and will not be available if you received them for free, e.g. through the NHS.

Bereavement payments and fatal cases

In the unfortunate event that someone passes away due to a criminal injury, there are provisions available for a qualifying relative of the deceased to utilise. Some examples of a qualifying relative are a person, who at the time of the deceased’s death are:

The spouse or civil partner of the deceased, who was living with the deceased in the same household
The partner of the deceased (other than a spouse/civil partner) who was living with the deceased in the same household for a continuous period of at least two years before the date of death
A parent of the deceased
A child of the deceased

There is a standard bereavement payment of £11,000 however if there is more than one person who satisfies these criteria, the bereavement payment is £5,500 each.

There is also the potential to add dependency payments, child payments, and a contribution to any funeral payments made to an applicant’s CICA claim.

How long will my claim take?

The CICA advises that an application with them takes on average between 12 to 18 months to resolve. It is important to note that this is a guideline and not guaranteed.

The time it takes to come to a decision on a claim depends on a number of factors including severity of the injury, the complexity of a claim and the cooperation shown by an applicant.

Sexual violence Fast-Track option

We want to make applying for the compensation you deserve as easy as possible for you.

When applying for compensation for crimes of sexual violence, the CICA presents a service which allows them to settle your claim quickly and with the least intrusion possible.

By utilising the injuries tariff, they can use fixed payments based on the nature of the assault. This will not take any psychological damage or additional physical injuries into account.

If this service is chosen, the CICA will:

Check your eligibility and ask the police to send them a report of the crime
Write a decision
Not need to obtain, access or examine any of your medical records

The CICA advises that they can complete all the steps in this process in around 8 weeks.

My claim has been rejected by the CICA – What should I do?

There is no need to panic. The CICA has a review process to allow you to challenge their decision. A legal representative can make this as easy as possible, guiding you on the reasons to apply for a review and the steps to take to further evidence your claim.

If you disagree with the review decision you are then able to take this one step further and appeal to the First-Tier Tribunal. The members of the First-Tier Tribunal are completely independent of the CICA and will consider the entire claim, noting both your side and that of the CICA.

Why do I need a Solicitor?

Criminal Injuries Compensation Authority claims can be deceptively complex. While it may seem fairly straightforward at first glance, the requests can be confusing, and the information required can be difficult to obtain.

Having an experienced representative available whenever you need to talk to them, guiding you through the process, can be a godsend. No matter is too trivial, and sometimes a simple chat about what you are going through can make a world of difference.

Having a legal representative has also been shown to improve the likelihood of success. The most recent government statistics illustrate that more people decide to undergo this type of claim on their own than with a legal representative. Unfortunately, those without representation, are more likely to end up with claims rejected when compared to those who seek legal help.

This could be attributed to numerous things such as lack of understanding of the claims process, the required criteria that need to be met, and failure to meet set deadlines, all of which can be assisted by having a legal representative.

Of those applicants who did not have any legal help with their claim and received compensation between 2020 and 2021, the average payout was £8,692. Those applicants who received compensation with the help of a solicitor received on average an additional £4,853, with a total average payout of £13,545.

Why should I use Oakwood Solicitors Ltd?

Oakwood Solicitors Ltd agrees to work on your CICA criminal injury claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.

If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we can assign you one of our female advisors to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

CICA: Crime at Christmas – When to make a Claim