If you’ve had to go through the trauma of being assaulted, the first thing on your mind isn’t going to be how much compensation will I get? It’s far more likely that you’ll want to concentrate on dealing with your injuries and helping the police to catch the person responsible. However, it is possible to claim compensation for injuries sustained during violent crimes through the Criminal Injuries Compensation Scheme.
This is a government scheme that allows you to be compensated even if the criminal that injured you has never been bought to justice. In this guide to claiming compensation for assault, we’ll look at how the claims process works and how much compensation for assault could be paid.
If you do decide to take action, we can help you. Our specialist advisors can help by reviewing your case and providing free legal advice about your options. If the claim appears to be suitable, they could connect you with one of our personal injury solicitors.
If your case is accepted, your solicitor will begin working for you without payment in advance. This is because they provide a No Win No Fee service. As a result, solicitor’s fees are only payable if you are paid compensation.
To see if one of our solicitors could help you claim compensation for assault, please call today on 0800 6524 881. To learn more about how the claims process works and when you could claim, please continue reading.
Table of contents
- Who Are CICA?
- Am I Eligible To Claim Compensation For Assault?
- What Compensation For Assault Can Be Claimed?
- How Compensation For Assault Is Assessed
- Who Can Claim Compensation For Assault Through The CICA?
- How Much Compensation For Assault Could I Claim?
- Claiming Special Expenses During An Assault Claim
- Loss Of Earnings When Claiming Compensation For Assault
- Using A Personal Injury Solicitor To Claim Compensation For Assault
The Criminal Injuries Compensation Authority (or CICA) are the agency that manages the Criminal Injuries Compensation Scheme on behalf of the government. Their role is to assess each assault claim that is put before them to see if a) compensation should be awarded and b) how much should be paid.
Importantly, the CICA are not part of the police force. However, they may ask for information from the police to help establish your eligibility to claim compensation for being assaulted.
Our solicitors can help you claim for criminal injuries through the CICA scheme so please get in touch if you have any questions.
At this early point in our guide, it’s important to note that claiming through the CICA is not the same as making a personal injury claim. The eligibility criteria for claiming and the amount of compensation awarded are different so the two should not be confused.
Claims through the CICA scheme are usually based on injuries caused by assault, sexual assault, historical assault, or other similar crimes.
The following requirements must be met before you can claim for assault through the CICA:
- You must have been injured during a violent crime in England, Scotland or Wales.
- The crime must have happened within 2-years of your application date (exceptions may apply so please see below).
- You must have reported the crime to the police.
The 2-year time limit applies in many cases. It can however be extended in exceptional circumstances. For example, if you were abused as a child and have only just been able to discuss what happened, your limitation period might begin from the date you reported the crime to the police.
If you’re in any doubt about whether you can claim compensation for assault through the CICA, please call us for a free case review.
The CICA scheme explains that you could be compensated for:
- Your physical injuries.
- Any disabling psychological injuries.
- Physical or sexual abuse.
- The death of a close relative.
- Funeral expenses.
- Loss of income and some special expenses.
To claim for psychological harm, you’ll need to prove that your injuries significantly hinder your ability to attend work or school. Similarly, you could claim if there is an impact on your sexual relationships. Where you claim for these injuries, you’ll need evidence from a psychologist or psychiatrist.
If you’ve been physically or psychologically injured following an assault or similar crime, please call our team for a free case review today.
If you submit a compensation claim to the CICA, they will review it in conjunction with:
- Your medical evidence;
- Any evidence the police have gathered; and
- Criminal records.
As mentioned above, the individual who injured you does not need to have been caught, charged, or prosecuted for you to be entitled to compensation for assault. Instead, the CICA reviews all of the evidence on the balance of probabilities.
The CICA manages large volumes of claims every year. That means they’ll try to process older claims first. However, if your claim is straightforward, it may be processed sooner. Importantly, the CICA advice is that you should expect to wait for around a year for your claim to be finalised.
It’s important that you don’t get the claim wrong as this can cause delays in it being processed. Our solicitors have experience of claiming through the CICA and they could help to get yours right the first time. Call our advisors today to find out more.
As well as claiming compensation for assault, you could be compensated by the CICA if you:
- Were injured whilst trying to stop an assault or you were helping a police officer.
- Suffered mental harm because you saw the assault of a loved one or arrived immediately after it happened.
- You were bereaved because a loved one died in a criminal assault.
- You were financially dependent on somebody who died following an assault.
If a loved one has died from being assaulted, this guide may also be helpful.
Unfortunately, there are some claimants that will be refused compensation by the CICA. You might be turned down for compensation or have a settlement amount reduced if:
- You provoked the incident because you were acting aggressively.
- There was a history of violence between you and the assailant.
- Your injuries happened because you confronted somebody about a previous incident.
Furthermore, if you have any unspent criminal convictions, you would likely see a reduction in any compensation payment. Those who served custodial sentences would probably not be eligible to claim at all. For clarification please contact us on 0800 6524 881.
The amount you’ll receive as compensation depends on the nature of the assault. The CICA maintains a tariff of injuries for this purpose. If your claim is accepted, the amounts on the tariff will be matched with your medical evidence.
Importantly, if you suffered multiple injuries, you’ll receive:
- 100% of the tariff value for your most serious injury.
- 30% for the next most serious.
- 15% for the third most serious injury.
The CICA criteria only allow claims to include up to 3-injuries.
If you claim compensation for assault, the CICA will consider paying some costs linked to your injuries. You can only claim for things that can’t be supplied through other services such as the NHS or Universal Credit. Some examples of what might be paid include:
- Costs you incur because of NHS treatment.
- Any damage to physical aids that you own and that were damaged during the crime. For example, if your glasses were broken after you were punched, the cost of replacing them could be claimed back.
- The cost of mobility or functional aids that are necessary (not desirable) because of your injuries.
- Costs linked to home modifications if they’ll help you to cope with a disability caused by the assault.
- Some care costs.
All claims for expenses through the CICA must be necessary, reasonable, and caused directly by the crime against you. To claim special expenses, you must have been unable to work for 28-weeks following the assault.
It is possible to claim loss of earnings through the CICA but not in all cases. Importantly, they will not pay compensation for lost earnings unless you were unable to work for more than 28-weeks following the assault.
To be eligible to claim for loss of earnings, you’ll need to show that:
- At the time of the assault, you were employed; or
- You had a history of work or a reason for not working in the 3-years prior to the incident. This might be the case if you were a full-time carer or in full-time education.
Please get in touch if you’d like to check what expenses you could claim through the CICA scheme.
If you would like one of our personal injury solicitors to help you claim compensation for assault, please call us on 0800 6524 881 today. We’ll assess your claim for free and offer legal advice on your options.
If your claim is taken on, your solicitor will review your case in detail to try and ensure you claim the maximum value possible for your injuries.
In this guide, we aimed to show how much compensation for assault could be paid. If you have any additional questions about claiming, please get in touch.