That is fine. The two-year deadline is real, so leaving it indefinitely is not without risk. There is no pressure to proceed with us. Your first conversation is always free, and you can use it to ask questions and decide what you want to do next. The calculator on this site gives you a private way to look at the scheme yourself first.
No. Winston Solicitors work on a no win, no fee basis. There is nothing to pay if the claim does not succeed. If it does, our fee is capped at a fixed percentage of your compensation. (usually 25% plus VAT)
Where the CICA unreasonably or incorrectly reject an application, we apply for a review, and if the review fails, we appeal to the First Tier Tribunal. Stacey has successfully overturned rejected CICA decisions through the First Tier Tribunal, including a claim where her client suffered an unprovoked assault leading to significant mental health problems. The claim was rejected twice by the CICA due to the applicants’ pre-existing mental health diagnosis. Stacey successfully presented the medical evidence to the Tribunal leading to the CICA’s decision being overturned, and an award of compensation being made. A rejected claim is not the end of the route. It is the start of a different one.
A CICA award is a personal injury award and is generally treated outside of means-tested benefits assessments. The position is more nuanced where the award is large and the benefits are means-tested. Winston Solicitors discuss this with you before the award is finalised, and where appropriate we can structure the receipt of the award to protect benefits entitlement.
Yes. The CICA scheme does not require a conviction. It requires that you reported the crime and cooperated with the police investigation. Many CICA claims succeed where no charges were brought or where a prosecution failed.
CICA applies a conduct test that can reduce or refuse an award where the applicant’s conduct contributed to the incident. Drinking alcohol is not in itself disqualifying. Where the conduct test is in play, the evidence we present can make the difference between a refusal, a reduction, or a full award.
Most CICA claims are decided on paper. Where the CICA refuses the application and we apply for a review, that is also on paper. If the review fails and we appeal to the First Tier Tribunal, you may be asked to attend a hearing in person or by video. Winston Solicitors prepare you for the hearing and represent you at it. You are not on your own in front of the panel.
Generally speaking, you have two years from the date of the incident to submit your application. If you were under 18 at the time, you have until your 20th birthday. However, for the best chances of success, we always advise submitting your claim as soon as possible, and to not wait out the 2 year deadline. The CICA can extend the deadline in exceptional cases, but extensions are not granted lightly and the application has to set out why an extension is needed. Again, this is something that is best discussed with an expert who can present your circumstances in a way that are likely to be accepted by the CICA.
The CICA Scheme 2012 caps the total award at £500,000 across all heads of claim. The brain damage tariff itself ranges up to £250,000 for very serious brain damage, with the balance to the cap available for loss of earnings and other special expenses. Winston Solicitors run brain injury claims regularly and know where the scheme cap can be reached.
A CICA claim can be made by a qualifying relative of a person who had died as a result of a criminal injury. The Scheme offers dedicated bereavement payments, funeral expenses, dependency payments and compensation for your own injuries if you witnessed the fatality. We can help you understand which elements you are able to apply for.