Can I claim for being a victim of crime?

Can I claim for being a victim of crime?

The simple answer is yes. If you have been the victim of crime then there are a number of ways that you can be compensated, even if the offender has not been found or prosecuted. Crimes that are covered can range from serious assaults through to historical abuse. Compensation can also be claimed not just for the physical injuries but also the psychological injury caused. The key is to meet the main criteria for CICA claims.

To be eligible the applicant’s injuries must be attributable to being a direct victim of a crime of violence. A “crime of violence” includes a straightforward physical attack, an act or omission, or even a sexual assault.

It is possible to claim the award as the “loved one” of a victim of violent crime if you witnessed and were present at either the incident or its immediate aftermath.

What are the main reasons I cannot claim CICA?

An application must be submitted as soon as reasonably practical after the incident in question, and in any event within two years.

There are a number of other factors which could lead to an award being withheld or reduced:

• Delay in reporting the crime to the police. The applicant’s age, capacity, and the effect of the incident on his/her state of mind will be relevant when considering any delay.
• All reasonable steps must be taken to cooperate with the police and Criminal Justice System. A failure to respond to correspondence could lead to a reduction in the amount awarded.
• Behaviour before, during, or after the incident can jeopardise an application where such conduct makes it inappropriate for the applicant to receive an award, or to receive the award in full.
• The applicant’s character, such as previous convictions, can be an additional bar.

What evidence do I need to complete a CICA claim?

The claims process involves assessing evidence from a number of sources to determine whether a case is eligible for an award under the scheme. The following is an example of what evidence might be necessary:

• Police evidence – The CICA will request a summary of the evidence in the case from the police. This may include witness statements.
• Medical evidence – You need to provide evidence of the injuries sustained from your GP or the hospital treating you.
• Psychological injury evidence – If claiming for mental injury or harm, it can help your case to provide evidence from counsellors or your mental health team.
• Witness evidence – It is useful to provide witness statements or letters of support if your case is complex or may need some negotiation.
• Loss of earnings – If you are claiming for lost earnings or revenue you must evidence this with wage slips or HMRC proof of earnings.

How much compensation do you get for criminal injuries?

CICA compensation amounts for a criminal injury are 100% of the first injury (most serious injury), 30% of the second (most serious) injury and 15% of the third (most serious) injury. If injuries are the same severity, one is calculated at the lower percentage. The actual amount can vary greatly from claim to claim and the best way to have an more accurate assessment of your claim is to speak to one of our expert claim assessors.

How do I start a CICA Claim?

At Evans Hughes we will listen in complete confidence and give you the best advice regarding your claim and how much you may be entitled to. We will answer all your questions so that you can decide if you wish to proceed with your application to the CICA. If you do; we are here for you and can help.