Bringing an Assault/Criminal Injuries Claim

If you are an innocent victim of an assault/violent crime, then you are entitled to bring a claim for the assault/crime before an organization called The Criminal Injuries Compensation Authority which was established by the Government to administer statutory compensation for victims of assault/violence in the UK. To qualify for a Criminal Injuries Compensation Authority (CICA) award you must have suffered a physical or mental injury in an assault/criminal incident which caused you to visit a doctor at least twice and from which you did not recover for at least 6 weeks. The standard of proof applied by the Criminal Injuries Compensation Authority (CICA) is the civil standard - the balance of probabilities. There is no requirement for corroboration and no criminal prosecution has to be secured before a claim for the assault/crime can be brought before the Criminal Injuries Compensation Authority (CICA), and even if the perpetrator of the assault/crime is legally incapax or below the age of criminal responsibility, you can still claim

Criteria for an award from the Criminal Injuries Compensation Authority (CICA)

• The Criminal Injuries Compensation Authority (CICA) require that the assault/incident must be reported promptly to the police. Even a few days delay in reporting the assault/crime can prejudice an award.

• The value of the claim arising out of the assault/crime must exceed £1,000

• The claim must be made within two years of the assault/crime, failing which the Claimant may be precluded by the Criminal Injuries Compensation Authority (CICA) from bringing a claim for the assault/crime.

• The Claimant must not have provoked the perpetrator of the assault/crime. The applicant's behaviour before, during and after the assault/crime will be taken into consideration.

• The Claimant's unspent previous convictions may affect the amount of any compensation awarded for the injuries sustained in the assault/crime.

• The claimant must co-operate with the Criminal Injuries Compensation Authority (CICA) and the police. However, it is not necessary for there to be a criminal conviction in order to succeed with a claim for the assault/crime.

What can you claim for under the Criminal Injuries Compensation Authority (CICA) scheme?

• Physical and/or mental injuries arising out of the assault/crime: These are graded according to seriousness and the bands range from £1,000 to £250,000

• Loss of earnings arising out of the assault/crime: If the Claimant sustains loss of earnings as a result of the assault/crime for more than 28 weeks, then they can include this in the claim. The Criminal Injuries Compensation Authority (CICA) will not pay damages for the first 28 weeks of lost earnings.

• Expenses arising out of the assault/crime: If the Claimant is incapacitated for more than 28 weeks as a result of the assault/crime, then they are entitled to damages for any costs they have paid for medical treatment or care.

The Accident Solicitors, the brand, is part of Antrobus Solicitors, a firm regulated by the Solicitors Regulation Authority. Details of the professional rules which regulate solicitors can be found at the following website address: http://www.rules.sra.org.uk

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