Does the Criminal Injuries Scheme pay compensation if I have been beaten?
If you have been hurt as a result of a beating, you ought to receive compensation. We will help you to obtain compensation from the Criminal Injuries scheme when you are entitled and explain clearly if you are not entitled. Please call 0113 320 5000 and ask to speak to our CICA specialists.
What are the reasons I would not receive compensation?
- The beating was not reported to the police (unless it was part of a series of domestic violence beatings, which are dealt with.
- You reported the violence to the police but later withdrew your statement or do not provide a full one in the first place.
- You have unspent criminal convictions. We can advise on whether they are unspent and if so what tactics can be used to still claim.
- The injuries suffered are too minor to be compensated under the Criminal Injuries Scheme. This seems unfair, as any beating is going to be physically painful and emotionally distressing. But the scheme will only pay for certain types of physical and emotional injuries. Our CICA calculator can help you see which injuries are payable. Although as a quick overview, bruises, scratches and cuts that heal without significant scarring are not compensatable under the scheme.
- Whilst most broken bones do enable a victim to be entitled, there are some notable exceptions. For instance they will not pay compensation for a broken nose, or a little or ring finger. We can help explain these quite complex rules.
How much compensation could I receive if I have been beaten?
The minimum amount of compensation is £1,000 and that would be for injuries such as perforated ear drum, strained neck disabling for more than 13 weeks, damage to front teeth requiring a crown, or a fractured skull not requiring an operation.
Other examples of compensation as a result of beating include fractured jaw between £1,500 and £6,200. Fractured cheekbone between £1,000 and £3,500. Dislocated elbow between £1,500 and £6,200 and dislocated shoulder between £1,800 and £6,200.
How do I start a claim?
Our CICA claims specialists will check to see if you are eligible. If you are, will be able to offer you a ‘no win no fee’ agreement. That means you only have legal costs if you are successful. So there’s no risk.
For more information please call Winston Solicitors CICA Helpline on 0113 320 5000 or email cica@winstonsolicitors.co.uk to find out more about our CICA services.
Each case is assessed on its own merits and the length of your claim will depend on a number of factors; including, but not limited to: whether the police are able to release your report immediately, whether there is ongoing medical treatment and your overall cooperation with the process. In some cases, the CICA can reach a decision within 12 weeks of an application being submitted although on average, the majority of cases take between 12 and 18 months.
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.
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.