If you suffer an injury as a result of a crime (for example, assault, rape or road rage), you may be able to make a personal injury claim. These claims are slightly different to claims against insurers or employers; they are made against the Criminal Injuries Compensation Authority (CICA). Here we will look at criminal injury compensation for some of the most common types of injuries.

When the CICA considers how much compensation a criminal injury claim is worth, they refer to a tariff system which specifies the value of each type of injury. Strict proof and evidence is required before any compensation is paid. Generally, the amount awarded by the CICA is not as high as compensation paid out in the civil claims process.

What can I claim for?

The CICA considers claims for victims who have suffered mental or physical injury following a crime of violence or sexual or physical abuse.

The victim may be able to claim for loss of earnings where they have no or limited capacity to work as the direct result of a criminal injury. The victim may also be able to claim special expenses payments; these would cover certain costs which may have been incurred as a direct result of the incident.

Relatives of a victim who has died because of injury may be eligible to make a bereavement claim (currently £11,000.00). This is on top of payments for loss of parental services, financial dependency and funeral payments.

Levels of criminal injury compensation award following a physical injury

We are often instructed by victims of assaults., e.g. after a pub fight or a road rage incident which required police involvement. Unsurprisingly, the most common type of injuries we see after such an assault are facial injuries. The tariff provides guidance for a variety of facial injuries, as follows:

  • Significant penetrating injury to the eye
    • one eye – £1,000.00
    • both eyes – £4,600.00
  • Injuries to face
    • Permanent clicking jaw – £3,500.00
    • Dislocated jaw with continuing significant disability – £3,500.00
  • Injury to nose
    • Partial loss of smell and/or taste – £3,500.00
  • Injury to skull/brain
    • Simple fracture not requiring an operation – £1,000.00
    • Simple fracture requiring an operation – £3,500.00
    • In most extreme cases where the victim has suffered very serious brain injuries, these can attract significantly higher awards in the region of £175,000.00 to £250,000.00 where the victim has no physical movement and requires full time nursing care.
  • Damage to teeth
    • Damage to one of more front teeth requiring a crown(s) – £1,000.00
    • Loss of 1 front tooth £1,500.00 whereas the loss of more attracts higher award – up to £3,500.00.
    • Teeth other than front – two or more – £1,500.00

What can affect the amount of the award?

Firstly, the type of crime that results in the injury does not affect the amount of the criminal injury compensation award. The CICA looks at the injuries, both physical and psychological, rather than the crime itself.

The CICA may decide not to make an award if the victim has not co-operated with the police in bringing the assailant to justice. Further, the CICA may reduce the award if the victim also has a criminal record, or even refuse the claim in its entirety.

Historic and sexual abuse claims

Understandably, victims of historic or sexual abuse can find it difficult to report the incident immediately or consider making a claim. Although the usual time limit for submitting a claim to the CICA is two years, the CICA may waive the deadline if it considers that:

  1. it is practicable for the case to be considered, and
  2. that it would not have been reasonable to expect the applicant to have made an application within the two-year period.

Compensation for these types of claims are usually higher where the abuse has gone on over long periods of time. This can range from £6,600.00 to £8,200.00. Where the abuse has resulted in severe internal injuries, the compensation is up £22,000.00. Where the victim suffers severe mental illness, the award could be up to £44,000.00.

How can we help?

It is important to us that victims receive the support they need at an already traumatic time. By raising awareness of the CICA scheme, we hope more people will come forward and ask for help. We will assess the prospects of your claim succeeding before we proceed. We will then manage the claim process for you, taking away the stress and ensuring you receive the appropriate level of compensation.

Unfortunately, the CICA does not pay legal costs as well as damages. Whilst we are happy to act on a no win, no fee basis, if your claim is successful, we deduct 25% from the total value of your damages to cover our costs. We give full details regarding our costs in our free initial consultation.

If you have been the victim of a crime and wish to discuss a possible criminal injury compensation claim in the strictest confidence, we would be pleased to assist you. We offer a free initial consultation. So, if you are not sure you have a claim, it can’t hurt to ask. Contact us today on 0800 988 7756.

If you wish to discuss a personal injury claim and your options,call our team now on 0800 988 7756

Speak to a solicitor now