CRIMINAL INJURY COMPENSATION AUTHORITY CLAIMS



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Individuals who have sustained injuries due to a violent assault may be eligible to receive a financial award from the Criminal Injuries Compensation Authority (CICA). Victims of violent assault should submit an application form to the Criminal Injuries Compensation Authority within two years following the incident. It is possible to make application to lengthen this two year time period; however, such exceptions are only allowed by the Criminal Injuries Compensation Authority under extremely unusual circumstances.

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CICA Tariff Scheme

Criminal Injury Compensation Authority awards are currently determined according to a tariff system. Every possible injury has a pre-assigned monetary value attached to it, the amount of which is public information. For victims with multiple injuries, the tariff system will compensate the three most severe injuries. Applicants should be aware that the value of injuries subsequent to the most severe will be discounted according to a set percentage fixed by the Criminal Injury Compensation Authority. The amounts for each injury will then be totaled to reach the final sum to be awarded.

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Previous Convictions

Before paying any compensation, the Criminal Injury Compensation Authority takes into account the victim’s character and prior “unspent” criminal convictions. Some criminal convictions are categorised as “spent” once a set amount of time has passed.

Criminal Injury Compensation Appeal Tribunal

Should a victim’s claim be denied there is the possibility of reconsideration by the Criminal Injury Compensation Authority whereby a decision can be passed back to a senior staff member who will review the application. If a final decision of the Criminal Injury Compensation Authority is not satisfactory, an application can be made to the independent Criminal Injury Compensation Appeal Tribunal.

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Criminal Injury Compensation Authority Award Parameters

The following factors are also taken into account when a claim is considered :-

    The lowest compensation awarded is £1000. To be worth that amount, the injury must have required at least two visits to receive medical care and must have lingered for more than six weeks.

    The victim’s cooperation with police and other law enforcement officials will be considered. If the applicant refuses or neglects to comply with the needs of the authorities conducting the investigation or prosecution, the claim will be more likely to be denied by the Criminal Injuries Compensation Authority. An applicant can still receive compensation even if there is no conviction as long as there has been full cooperation with the authorities throughout the process of investigating the case.

    Receiving compensation can also be jeopardised by evidence of an unreasonable lapse of time taken to report the incident to the police. Offences must be reported to the police or other appropriate authorities as soon as possible. Applicants who are debilitated or confined to a bed should submit their report by phone or through a friend or other acquaintance. Even if just a few days passed since the incident occurred and no report was made, the Criminal Injuries Compensation Authority can refuse to make an award.

    The Criminal Injuries Compensation Authority will also consider the behaviour of the applicant prior to, during and following the violent incident. If the applicant instigated a conflict or participated in a conflict that produced the injury, then no compensation will be offered. If an applicant takes revenge following the incident, the claim will probably be refused.

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Free Legal Advice

Contact us today to receive free legal advice on your potential compensation claim. Our specialist personal injury solicitors can provide you with the highest quality of legal representation. Simply phone our helpline or email us.

SOLICITORS FREE HELPLINE 0844 764 1354