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CICA claims

Do I have to press charges?

When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.

Can I claim for psychological (mental) injuries

Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

I have more than one injury – how does this work?

The CICA will make awards for the three most serious injuries you have suffered, and in doing so, awards will be made on a staggered scale. Your most severe injury, or the one which would attract the highest award of compensation will be awarded to you at 100%, your second most severe injury will be awarded at 30% and your third injury will be awarded at 15%. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

The police were unable to identify my assailant, can I still claim?

The CICA require evidence to show that on “balance of probability” you have been the innocent victim of a crime of violence; therefore so long as the police were satisfied that you were the innocent victim of a crime of violence, this should be sufficient for the CICA to consider your application.

What if my assailant was not convicted, can I still claim?

You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.

What injuries can I claim for under the CICA scheme?

The CICA offer awards for the most significant injuries including:

  • Facial fractures
  • Internal injuries
  • Fractured or dislocated limbs
  • Significant scarring
  • Psychological injuries
  • Sexual assaults

Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:

  • broken noses
  • fractured ribs
  • widespread bruising

Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Can I claim compensation if I witnessed a crime of violence?

You may be able to claim compensation as a secondary victim; depending on your own injuries. If you have witnessed a criminal incident where another person sustained injuries; or you were involved in the immediate aftermath of a criminal incident; you may be entitled to compensation for psychological trauma as a result.

How much can I claim?

The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.

Can I claim for Historical abuse?

Yes. As long as the historical abuse has been reported to the police. We recognise that all acts of abuse affect individuals differently and therefore each person’s story is different. We are happy to speak with you to advise you personally on whether your claim will be successful. Please call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.

Can I claim for compensation on behalf of a child

Yes. If you are acting on behalf of a person under the age of 18, or for an adult who lacks mental capacity; and you have legal or parental responsibility for that person, you can instruct us on their behalf to claim Criminal Injuries Compensation. Any payments made by the CICA to someone who is either a child, or lacks mental capacity will usually be paid in to a trust. We can also offer our services to assist you in the administration of a trust if required.

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