Common questions
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Many survivors of one punch attacks have no memory of the incident itself. The CICA accepts evidence from witnesses, CCTV, police records, ambulance records, and hospital admission notes to establish what happened. The lack of personal memory is not a reason the claim cannot proceed.
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A pre-existing brain injury does not disqualify you. The CICA assesses the additional damage caused by the assault. The medical evidence needs to establish the separation between the previous condition and the new injury. A specialist solicitor will brief the neuropsychologist to address this directly.
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If the police investigate the crime and there is not enough evidence for them to refer the case to the CPS for a charging decision, then it is unlikely compensation would be awarded due to a lack of evidence.
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Drinking alcohol does not disqualify you from a CICA claim. The CICA applies a conduct test that can reduce an award where the applicant’s conduct contributed to the incident, but being out drinking is not the same as contributing to the incident. The argument here is evidence-led and a specialist solicitor can make a measurable difference.
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The CICA may accept a late claim if you can show your mental health made it impossible to apply earlier. You’ll need medical records from a psychiatrist or psychologist to support this.
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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.
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Don’t give up. Many claims are refused for small errors or missing evidence. Our CICA solicitors can review your decision and lodge an appeal, often securing a better outcome.
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You may still be able to claim even if the abuse happened long ago. The CICA allows historic abuse claims in certain circumstances, particularly if you couldn’t report earlier due to fear, trauma, or age. Speak to us and we’ll review your situation with care.
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The general deadline is two years from the date of the incident. If you were under 18 at the time, you have until your 20th birthday. Where the deadline has passed, CICA can extend in exceptional circumstances, and the application has to set out why. We have successfully argued out-of-time applications and can talk you through whether your circumstances would support one.
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There are cases where the perpetrator is deemed unfit to stand trial, or the court decides part way through the trial that they are too ill to be tried. You would still be able to claim compensation.
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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.
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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.
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A physical attack or any other act or omission of a violent nature which causes physical injury to a person; or a threat against a person, causing fear of immediate violence; a sexual assault or arson.
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Any sexual activity involving someone under 16 is illegal. It includes both physical contact and non-contact acts such as grooming or exposure to sexual material. Children cannot consent, so it is always abuse and never their fault.
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Non recent abuse is another term for historic abuse, and it is usually used to mean abuse which took place in childhood, when the person involved in now over 18.
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The Criminal Injuries Compensation Authority (CICA) is a government body that pays compensation to innocent victims of violent crime in England, Scotland, and Wales. You can apply directly, or our solicitors can help manage the process for you.
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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.
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The Criminal Injuries Compensation Authority (CICA) are a Government funded organisation set up to compensate innocent victims of violent crime. The intention of their payments is to act as a gesture of public sympathy for people suffering as a result of being an innocent victim of crime.
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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.
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You usually have two years from the date of the incident to apply. The CICA count this as 1 year and 364 days. Applying on the exact 2-year mark may be rejected as being out of time.
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Stay calm, listen carefully, and believe them. Don’t press for details - simply reassure them they’re safe and you’ll help. Then report it to the police or local safeguarding team immediately.
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A person who sustains injury as a result of a crime of violence where their own conduct has not in any way contributed to the injury; sustained injury whilst taking an exceptional and justified risk for the purpose of preventing a crime.
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Many claims are delayed because of backlogs, missing evidence, or police checks. The CICA won’t usually update you unless they need information. Our team can chase progress, escalate delays, and make sure nothing is holding your claim back.
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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.