How to Claim For Criminal Injury
Anyone who has been the victim of a violent crime will know that the physical and psychological injuries sustained can last a lifetime. It is therefore often essential that the victim receives some sort of compensation to cover loss of income and ongoing treatment costs.
So how do you claim for compensation for a criminal injury? What does a person need to prove to ensure they meet the criteria for reparations?
This blog will answer these questions and give you detailed guidance about how the process works.
Who Can I Bring A Claim For Criminal Injury Against?
You can bring a claim for compensation for a personal injury sustained during a criminal attack against the following:
The individual who attacked you
You can bring a claim against the individual who caused your injury, however, it may be unlikely that you will receive any payment from them and you risk exposing yourself to even more stress and upset by having to engage with the individual who caused you harm.
Your employer
If the incident for which you are seeking compensation happened at work, you may be able to bring a claim for compensation against your employer if you can show that he or she exposed you unnecessarily to the risk of a personal injury. For example, if you were working in a shop alone at night and were injured in a robbery, you may be able to claim compensation from your employer if they did not provide adequate security for a sole-charge employee at night.
The Criminal Injuries Compensation Authority, (CICA)
CICA is a government funded scheme which compensates blameless victims of violent crime in Great Britain. For most individuals who have suffered a criminal injury, this is the best option.
How Can I Lodge A Claim With CICA?
CICA compensates both the victims of violent crime and the close family of a person who has died as a result of a violent criminal act. To qualify for a payment, you must report the incident to the police as soon as reasonably possible. Normally you must apply for compensation within two years of the incident which caused your injury or your loved one’s death occurring[1].
Providing the necessary documents and relevant evidence to support a claim for compensation rests with the claimant. You may find it beneficial to engage a professional legal advisor to ensure you file your application correctly if your case is complex or involves a significant injury. However, legal representation is not needed in order to file a claim and is not funded under the scheme.
You may be required to show evidence proving:
- You meet the residency requirements needed to claim
- You received an injury that can be compensated under the scheme (e.g. medical reports)
- Loss of income, either now or in the future, caused directly by the criminal act
Blameless Victim
It is important to note that to receive full compensation under the scheme; you must show you were completely blameless. The authority will consider your behaviour before, during and after the incident to see if you played any part in contributing to the situation in which you received your injury. The authority will also take into account any evidence of drugs or alcohol consumed by the victim if it caused him or her to provoke the assault and they may refuse or reduce payments if you have a criminal record[2].
Have you been a victim of criminal injury? What was your experience? We welcome comments so please add yours below.
If you have been a victim of criminal injury and would like to know more about claiming compensation, please call us on 0800 221 8888 to discuss your situation.
