The Criminal Injuries Compensation Authority

We live in an increasingly violent society and whilst the majority of us remain safe from harm, unfortunately there are a number who become victims to crimes of violence.

In circumstances where the victim suffers personal injury or psychological trauma as a direct result of violence or a threat of violence there is access to obtaining an award of compensation through the Criminal Injuries Compensation Authority (CICA). Dependants or relatives of someone who has died from criminal injuries can also apply.

Entitlement to compensation is subject to certain qualifications

• As a general rule accident injury is not covered.
• Road traffic accidents do not qualify unless there is a criminal assault.
• The scheme is restrictive in cases of domestic violence where a prosecution is required.
• The victim must report the incident to the police at the earliest opportunity.
• It is necessary to provide co-operation to the police in bringing a charge against the offender.
• The victim must not be responsible for the incident giving rise to the assault or injury.
• The value of the award must exceed £1,000.00.
• The question of whether the victim had consumed drugs or alcohol may influence the decision to make an award or the amount of award.
• The victim’s character or unconnected history of past criminal offences may be taken into account.

The existence of one or more of the above matters may still entitle the applicant to an award although this may be at a reduced level.

An application for an award must be made within 2 years from the date of the incident giving rise to the injury. It is not essential that the assailant has been convicted of a criminal offence provided there is co-operation with the authorities.

Criminal Injuries Compensation Authority (Cica)

The standard amount of compensation is set by reference to a tariff in respect of the personal injury. In this respect the CICA will obtain the medical evidence direct from the GP or Hospitals in question. It is however possible to submit further evidence such as medical or forensic accounting reports obtained for medico-legal purposes and this together with legal representation often results in a higher award although the CICA will not necessarily pay for the cost of obtaining such evidence.

There is an entitlement to claim loss of earnings as a result of the injury although again, certain rules apply. There is a cap on the ceiling of compensation, which will not exceed £500,000.00.

Public funding is not available to cover the cost of instructing a solicitor to deal with the claim. However it is possible for a solicitor to act on a contingency basis, which will mean that a fee will only be payable if an award is made. It is possible for the solicitor either to agree a fixed fee or a percentage of the award.

Specialist advice can often lead to a much higher award.

Many CICA awards are significant and the size of award is often dependant upon professional formulation and presentation of the claim. Sometimes the award made in the first instance is too low. Many awards are increased upon request for review and hearing on appeal. Specialist advice can often lead to a much higher award.

The CICA website is www.cica.gov.uk. The scheme is open to direct access through the site where you can obtain further information if you choose not to instruct a solicitor.

At Chris Kallis Solicitors we ensure that all the aspects of a claim are investigated. We are a local firm dealing exclusively in personal injury cases for individuals. We provide a professional and caring service.

Our service provides:

• Free initial consultation
• Personal and professional service
• We meet all of our clients
• We instruct experts in appropriate cases
• Funding by way of Contingency Agreement in appropriate cases
  
  
  We are always available to discuss your case
  
  We will guide you through your options in making a CICA claim.
  
  We will tell you then whether or not it is worth instructing a solicitor or pursuing a CICA claim direct. We will advise you of the best course to pursue.
  
  For more information telephone 01752 225060