Common questions
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Domestic violence claims can also be made through the Criminal Injury Compensation Scheme, these would be awarded based on what physical injuries you have suffered.
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Yes. You can appeal if your claim was rejected or if you believe the compensation offered was too low. We’ll help you understand whether you have strong grounds before you act.
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Yes. Each case will be assessed on its own merits so it will certainly depend on why a claim is being sought now; however, we have successfully represented thousands of clients who have claimed compensation as an adult. Please talk to our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you further.
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It is possible to claim compensation for injuries sustained from a period of domestic abuse or a single domestic assault. You must have reported the offender to the police and supported the prosecution. An award may be paid for physical, sexual or psychological injury where this falls within the tariff of injuries set by the CICA. Awards however cannot be made for financial abuse, coercive control, stalking and harassment.
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Yes. You can claim on behalf of a child or an adult who lacks mental capacity. Winston Solicitors can guide you through the process and help set up a compensation trust if needed.
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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.
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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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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.
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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.
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You can claim for PTSD if a clinical psychologist or a psychiatrist have confirmed that it is disabling on a level where it affects you day to day, and that it is as a direct result of the crime.
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Yes, you can make claims for sexual offences on a police evidence only basis. This means you can be compensated for the fact that the crime has happened, without having to disclose sensitive medical information.
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Yes, if you have a confirmed diagnosis of a disabling mental injury as a direct result of the crime, and that diagnosis comes from either a clinical psychologist or a psychiatrist.
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Yes, so long as there is sufficient evidence that it was non-consensual. This is often made as part of a domestic violence claim, if there has also been physical injury.
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It may be possible. It will depend on your individual circumstances, however just because the assailant is deceased does not mean you will not be eligible for compensation. Call our specialist Criminal Injury Lawyers on 0113 320 5000 and they will be able to advise you.
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No. If you have accepted an award with the CICA then your claim is considered to be finalised. We can apply to re-open on medical grounds but only where there has been such a martial change in the symptoms, that the initial award is unjust.
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In some cases, yes. If you were a child at the time, reported the incident late, or had serious mental health problems, the CICA may extend the deadline. It depends on your circumstances and supporting evidence.
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No, you don't. The CICA expect an application to be made as soon as reasonably possible. The burden of proof for the CICA is lesser than what is needed in court; therefore, providing the police have agreed to investigate your allegations; this should be sufficient to proceed with an application. The CICA apply a limitation of 2 years* from the date of reporting to make a claim for compensation; therefore, waiting for the outcome of a court hearing could sometimes jeopardise your position.
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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.
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No, most claims for sexual offences can be settled without medical reports. Claims for physical injuries can be settled using your medical records from your own doctors.
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Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.
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You can appeal on your own, but having a specialist solicitor often makes the process smoother and improves your chances of success.
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No. You should not wait for a criminal trial to end. The CICA deadline runs from the incident date, not the court outcome.
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No, if the police investigation does not result in a conviction, or the alleged perpetrator is not convicted this does not necessarily mean you cannot claim compensation.
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You can use our CICA time limit calculator online or contact us directly. We’ll check your dates and tell you straight away if you can still claim.