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When to claim compensation for criminal injury

Surprisingly the decision of when to claim compensation for a criminal injury is very tactical, so should be discussed as soon as possible... the sooner the better.

The CICA have strict time limits on bringing forward a claim and there are other factors which could impact the claim too (such as any unspent convictions you may have). Its best to claim as soon as you've spoken with our compensation lawyers to ensure you meet the eligibilty criteria and time constraints. If your claim is out of time, we can assess whether you still have grounds to claim. We have been successful in bringing claims to the CICA outside of their time limits, but this is tricker and expert assistance is recommended

We often to speak with victims of crime who have waited until the outcome of the court case before claiming compensation. Sometimes the police will have told you to do this, and whilst the police have justifiable reasons for giving you this advice; it can sometimes prejudice your rights to compensation. Our advice would always be to claim as soon as possible, as the CICA will not accept a delay in claiming caused by awaiting the outcome of the case to be an exceptional reason for waiving their 2 year time limit

It is also often a misconception that you should await the outcome of the court case, as you are only able to claim if your offender is found guilty. Simply, this is not true. The burden of proof required by the CICA is less than what was is required by the CPS, and subsequently a Jury; therefore usually your claim can be decided using the police evidence and in some cases your claim may settle before the outcome of the court case.

In the event your assailant is found not guilty, there is still a strong chance you will be eligible for compensation.  Call us on 0113 320 5000 and we can discuss this with you further.

Many victims do not realise previous criminal convictions affect their entitlement to claim. It is important to speak to a Criminal Injuries Solicitor to work out when best to make a claim. For example if you were fined 9 months ago (providing you have paid the fine), your conviction will not prevent you from claiming, once it is spent. Fines usually are spent after 12 months, so after checking with a Solicitor, apply after the conviction is spent, otherwise not only is your claim rejected, you cannot at a later date reapply. It’s really unfair, but that’s how the current CICA scheme is drafted. CICA complaints can be made but they do have strict rules governing the scheme.

Please speak to us, as we have been able to expedite such claims so that compensation is paid before the victim dies. Firstly this means the victim sees that compensation has been paid, and secondly it means the claim is not stopped, as the CICA do not need to pay compensation when the victim dies.

Yes, and that’s not simply giving an initial statement, it’s communicating with them throughout the case. We see cases rejected by the CICA because the police say the victim was uncooperative. Sometimes the reason for not cooperating is very understandable, you don’t manage to speak to the police or you simply forget to call them back. Or you may even be scared of cooperating as it might have repercussions for you or your family. Whilst all those reasons are genuine, the CICA will simply reject your claim for non-cooperation.

Sometimes victims of crime commit crimes themselves after submitting their claim. If that happens the CICA are likely to reject their claim. Examples include bringing a claim for injuries suffered in a robbery, but having their claim rejected due to a subsequent drink drive offence. Quite rightly you say but the two are not related, so why should the CICA reject the genuine claim, unfortunately they can and always do as it saves the compensation fund money.

Please call us on 0113 320 5000 so that we can advise you on your eligibility to claim compensation and if you would like us to act for you, so that we devise the best way to do this, e.g. submitting a claim immediately, or where criminal convictions are relevant working out the appropriate date to submit a claim.

You can email us for advice on cica@winstonsolicitors.co.uk

Client feedback

For anyone who is wondering if its worth going through this process, I say yes. Stacey has been absolutely brilliant all the way through the process and constantly kept me updated on my case. Yes it was a long process but that was also down to me disengaging with Stacey for various reasons. I cannot thank Stacey and Erika enough for all they have done over the years. I wish them all nothing but success. Thank you. - June 2025
Anonymous
Pleasent and very organised staff dealt with my problem with complete confidence and professionalism -top marks 👏👏
Eric
I am incredibly grateful to Winston Solicitors, and especially to Stacey Flegg and Keertan Gill, for their exceptional support in helping me receive my CICA compensation. From start to finish, they handled my claim with professionalism, empathy, and a deep understanding of the delicate nature of my situation.Both Stacey and Keertan were kind, approachable, and extremely knowledgeable. They kept me informed throughout the process and made what felt like an overwhelming journey so much more manageable.I truly appreciate all their hard work and dedication, and I wouldn't hesitate to recommend Winston Solicitors to anyone seeking legal support—especially in sensitive and complex matters.Thank you, Stacey and Keertan, for your outstanding service and for making such a positive difference.
Raluca
Thanks to Winston Solicitors, they have done an amazing job. They responded quickly and accurately and are an outstanding Solicitors I personally I would recommend using them.
Nicholas
For anyone who has doubts to start the process of compensation through CICA being represented by Winston Solicitors is can categorically say its worth it.Stacey was excellent from day one and very reassuring. Any questions, doubts i had she put them all rest. The process was long due to one reason or another from mainly my side. I highly recommend this Solicitors .
Anonymous
I have been supported throughout my claim very professionally and was always updated by Stacey Flagg, very pleased I chose Winston’s Solicitors to act on my behalf
Craig
They kept in regular contact and updated me as expected. When talking to them on the phone , I found them to be kind , compassionate , caring and efficient.
Emily
Very good service I got from Winston solicitors, they gave me the best service possible.
Kenneth
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