By Marianne Wayland. Last Updated 14th March 2022. If you were the victim of a crime of violence and you suffered mental or physical harm, you could seek compensation through the Criminal Injuries Compensation Authority (CICA) when there is no other option. The CICA is an executive agency of the Government. It was set up to provide compensation to those who are harmed by violent events when they have no other avenue to claim compensation. Therefore, for the CICA to accept a compensation claim you must meet specific criteria. This includes proof your injuries happened through no fault of your own. Submitting a claim through the CICA scheme can prove challenging and there is a strict time limit that must be respected.
Our guide offers vital information on how to prove you were not responsible for your injuries. The guide provides advice on what you could include in a claim through the CICA, and we explain how money awarded is worked out.
We offer information on the value attached to this type of claim. We provide advice on how long a case may take to settle through the CICA scheme, and why there might be a delay in reaching a final settlement.
For free legal advice and to see whether you could be represented by a No Win No Fee solicitor, please get in touch with a member of our team on 0161 696 9685, or to continue reading through our guide just click on the sections below.
Select a Section
- A Guide On How Long Does It Take For A CICA Claim To Come Through?
- Calculating Claims Through The CICA Scheme
- Could I Claim Special Damages?
- What Is CICA Criminal Injury Claim?
- When Could You Make A CICA Claim?
- What Types Of Criminal Injury Could I Claim Compensation For?
- Time Limits For Criminal Injury And CICA Claims
- How Long Does Criminal Injuries Victim Compensation Take?
- Why Could A CICA Claim Payout Be Delayed?
- No Win No Fee Criminal Injury Claims Made Through The CICA
- Contact Us
This guide will aim to provide information on how long it takes for criminal compensation to come through.
When someone is harmed through a violent crime there are different ways they may be able to make a criminal injury claim. The first would be against the defendant that harmed them. This would be conditional on them being identified and convicted in court. Also, they would need to have the means to pay the victim compensation. When none of this is possible victims of crime could make a claim for compensation through the Criminal Injuries Compensation Authority. You can seek compensation by making a claim through the CICA if you are injured in a violent crime. The Scheme was set up to give blameless victims the chance to seek compensation when no other route is possible.
Our guide offers advice on what criteria must be met in order to make a claim through the CICA. We will look at what information is needed, how compensation is calculated and when you can seek special expenses in this guide.
Also, we cover the injuries the CICA would consider, and we provide essential information on time limits associated with a claim made to the Criminal Injuries Compensation Authority. The guide will provide advice on how long a claim may take to settle, and provide information on why a payout may be delayed.
The guide offers advice on how a No Win No Fee solicitor could act on your behalf. We also explain how a Conditional Fee Agreement works to fund a solicitor.
To speak to an adviser and to benefit from free legal advice, please get in touch today.
Depending on how you make your criminal injury claim will determine the amount you will be awarded in a successful claim. If you make a claim against the defendant then your guideline brackets would be reflective of the Judicial College Guidelines. This is a document that may be used when putting values on injuries in personal injury cases. However, claims made through the CICA are valued at a lower rate. The values in the table below are based on Criminal Injuries Compensation Scheme 2012.
|Type of injury||Compensation amounts||Notes|
|Psychological harm||£1,000||Confirmed by a psychiatrist's report harm lasting up to 28 weeks.|
|Psychological harm||£13,500||Confirmed by a psychiatrist's report, harm lasting over 5 years.|
|Psychological harm||£27,000||Seriously disabling, confirmed by a psychiatrist's report.|
|Injury to arm||£27,000||Loss of function in non-dominant arm.|
|Injury to elbow||£6,200||Fractured or dislocated elbow resulting in significant disability.|
|Injury to shoulder||£3,500||Dislocated shoulder resulting in significant disability.|
|Injury to back||£6,200||Invertebral disc damage resulting in permanent and seriously disabling damage.|
|Injury to ankle||£11,000||Fractured or dislocated ankle resulting in significant and continuing disability.|
|Injury to hip||£16,500||Both hips fractured resulting in significant disability ongoing.|
When you make a claim against the defendant if it was successful you would be awarded both general and special damages. However, when making a claim through the CICA this is slightly different. You would be awarded general damages but instead of special damages, you could receive special expenses if applicable.
General damages would compensate you for the pain and suffering your injuries have caused you. This would also include the loss of amenity you have suffered.
The authority could pay special expenses if:
- They are necessary
- You incurred the expense as a direct result of the injury you are claiming for
- Be reasonable
Special expenses cover the financial repercussions of the injuries you have suffered. They are intended to help you cope with any financial fallout that has been caused due to your injuries. But the CICA will only cover the cost when it cannot be covered elsewhere through the NHS and benefits system for example.
Damage done to equipment or property you rely on could be included in your claim. Other equipment and property you may include are:
For the authority to accept these expenses you must provide receipts/proof of purchase.
Additional Special Expenses
Other things you may be able to include in a claim are:
- Physical aids include specially-adapted vehicles, walking aids, wheelchairs, kitchen implements which are absolutely necessary and not just ‘desirable’ and which cannot be sourced elsewhere free of charge
- Home adaptations on the interior and exterior of your property with proof that these are necessary and that similar adaptations cannot be sourced elsewhere
- Care costs include help bathing, toileting and incontinence management, meal preparation, and supervision. You must prove that the care required cannot be provided free of charge from another source
- Loss of earnings, or earning capacity, because you are unable to work for longer than 28 weeks
The CICA would need a copy of your assessment needs which your local authority would provide. This assessment shows the things which the NHS or local authority are unable to provide.
Payments through an insurance policy would be deducted from the amount you receive in special expenses as well.
A No Win No Fee lawyer can assist you when making a claim for compensation through the Criminal Injuries Compensation Authority. For more assistance, please call a member of our team today.
The CICA scheme was established in 1996 and is an Executive Branch of the Ministry of Justice. The Scheme provides a way for innocent victims of crimes of violence, sexual assault, rape, and abuse the chance to seek compensation for the harm they were caused, whether psychological, physical, or both.
For the Criminal Injuries Compensation Authority to accept a claim, the following needs to apply:
- You suffered some kind of injury
- You reported the assault/incident/crime to the police
- The injury is valued over £1,000
- Claims to the CICA must be submitted within the time limit of 2 years of the date of the incident (exceptions to this are for historic sexual abuse and if exceptional circumstances apply)
- The assault/incident was not provoked by you
- You cannot have any outstanding or unspent convictions. Should this be the case the CICA may deduct anything from 10% to 100% of the amount awarded
- Your assailant does not benefit from the money awarded in any way
Please get in touch with an adviser if you require more information regarding making a claim through the CICA compensation.
You could claim compensation if you were harmed/injured by a criminal act. The injuries you sustained could be physical, psychological, or both. You can submit a claim even if your assailant/assailants have not been identified, caught, or convicted in a criminal trial.
The following should apply if you submit your claim to the CICA:
- Your claim would not be successful if you filed a suit in a civil court
- Your assailant does not have enough money or insurance to pay you compensation
When you submit a claim to the Criminal Injuries Compensation Authority, your case would be judged on the balance of probabilities rather than beyond reasonable doubt, which would be the case if your claim is judged in a criminal court.
You must submit the correct information on the forms to avoid a claim being turned down. A No Win No Fee lawyer can be of assistance when filling out the necessary forms.
You can submit a CICA claim if you were the direct victim of a crime of violence in Great Britain and you suffered physical, psychological harm or both. You must meet specific criteria and be eligible for your case to be accepted under the Scheme.
If your case is accepted, the amount awarded is based on a tariff scheme and your injury must be listed in the CICA tariff of injuries. The sort of injuries accepted include the following:
- Sexual abuse
- Historic sexual abuse
- Criminal attack
- Greivous bodily harm
If you witnessed a loved one being assaulted you may be entitled to claim compensation if you suffered mental trauma.
You could be entitled to claim if you were at the scene of the crime immediately after the incident. The definition of ‘immediate’ in this instance is the time straight after an assault that left a loved one injured. The mental injury must be a direct result of what you witnessed and a report provided by a clinical psychologist or psychiatrist must accompany your claim.
For more information and free legal advice, please get in touch with a member of our team today.
You have to submit your claim within 2 years from the date of an assault that left you injured to make a claim through the CICA. That said, time limits can be extended when exceptional circumstances apply.
If you were making the claim against the defendant instead of through the CICA your time limit would be longer. Generally three years.
If you are unsure as to whether you still have time to submit a claim to the Criminal Injuries Compensation Authority, please contact a member of our team who would be happy to assess your case before advising you on how best to go forward.
Exceptions To The Two Year Time Limit
You can submit a claim after the 2-year time limit expires, but only in exceptional circumstances or the following applies to your case:
- You are a minor
- The case involves historic sexual abuse
To discuss a claim through the CICA, and for free legal advice, please contact one of our advisors today.
Claims are typically paid out within 12 to 18 months. However, the timescale is not set in stone as it would depend on the complexity of your case, and the level of compensation involved. If your claim is ‘high value’ and you require ongoing medical care and treatment, it might take longer for the CICA to agree on a compensation payout. If this is the case, you could be entitled to ‘interim payments’.
Once you accept an offer made by the authority, the payment could reach you within 4 weeks. When the amount is paid to a minor the compensation is held in an interest-bearing account until the claimant turns 18 years of age.
If the amount awarded is being paid to someone who cannot make any decisions themselves, the compensation awarded could be held in trust for the claimant.
To speak to one of our advisors about payout timescales, please get in touch today.
All claims made to the CICA are unique and each case is assessed on its merits and complexities. However, a payout may be delayed for various reasons which include:
- More information is required from Police or medical experts
- More evidence and information is needed if your case involves abuse
- Your injuries require ongoing medical care, or the prognosis has not been established
- You have unspent convictions
It is essential that forms are filled out correctly, and that the right information is provided to avoid any delays occurring. A No Win No Fee lawyer can help you fill out the necessary forms. This will ensure the correct information and proof is provided from the outset.
You may also be wondering, ‘should I accept the first offer from the CICA?’. In some cases, you may be able to appeal the settlement you’ve been offered by the CICA. However, you must provide evidence when appealing the decision they have made.
If you would like to know more, please feel free to get in touch with our advisors at any time. They could potentially connect you with a criminal injuries solicitor from our panel.
Claims made to the Criminal Injuries Compensation Authority are often challenging because there are so many rules that apply. This is where a No Win No Fee lawyer can be of assistance. They can assess your case from the outset to see if it meets the necessary criteria and that you are eligible. This could avoid a claim being refused by the CICA.
When you sign a Conditional Fee Agreement with a solicitor, you do not have to pay an upfront fee. Other benefits include:
- There are no ongoing fees to pay even when your case takes a long time to settle
- The only time you pay a No Win No Fee solicitor is when the CICA pays out your compensation
- The agreed percentage as set out in the No Win No Fee agreement you signed, is deducted from the amount awarded
- If your claim is unsuccessful you do not have to pay the solicitor any fees
To find out if you can fund a solicitor with a No Win No Fee agreement, speak to a member of our team today on the telephone number below.
For advice and to find out if your case qualifies and meets the CICA criteria, please speak to an advisor today. They can be reached as follows:
The link below explains eligibility for making a CICA claim:
More information on special expenses paid out by the CICA:
To find out whether you can claim loss of earnings, please follow the link below:
If you were the victim of rape, please read our guide by clicking on the link provided:
If you were the victim of an assault and would like to know how much compensation you could receive, please follow the link provided:
If you injured your shoulder due to an accident that was caused by someone else’s negligence, find out how to claim in our guide:
You may be left with a permanent scar after an accident or assault. Find out how you could claim for this in the guide below:
Learn how to claim for damage to your teeth with our extensive guide:
If you’ve suffered a wrist injury due to an accident or assault, the guide below can explain how to claim:
We hope you found this guide helpful. If you have any further queries about how long a CICA claim could take, don’t hesitate to get in touch with us at any time.
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