CICA Claims

The Criminal Injuries Compensation Authority ('CICA') is a government funded Scheme that was established to compensate members of the public who have been injured because of a violent crime. Violence in many walks of life is all too sadly prevalent and so the existence of the Scheme provides a necessary and alternative avenue for recompense for those who are unfortunate enough to be injured. Violent crime is also not limited to any one type of victim but covers the whole spectrum of Society. At Crosby & Moore Solicitors we will accept instructions from all Members of the Public who have been a victim of a violent crime and do what we can to help you overcome the trauma suffered and move on with your life.

In an ideal world the perpetrators of violent crime would be required to personally compensate those they injure as such a measure could act as a deterrent to further repetitions of it. This is recognised by a victim’s ability to sue their assailant in the Civil Courts. However, in the majority of cases a legal claim against a guilty party (whilst meritorious) is not normally pursued due to the frequent lack of any means of that party to fund an award of compensation. The only avenue open therefore is an application to the CICA.

Eligibility

To be eligible for an award, an applicant must have been:-

(i) A victim of violent crime’ and

(ii) Injured seriously enough to qualify for the ‘minimum award’ under the Scheme

"Violent Crime" is not defined under the Scheme but examples of what is meant by the term include (but are not limited to) the following:-

• a physical attack
• an assault
• Sexual offences against the person
• Arson
• Poisoning
• Terrorist attacks (such as the London Bombings)
• Injuries caused where a motor vehicle has been used as a weapon

"Minimum award" under the Scheme equates to your injury being assessed as valued in monetary terms of £1,000 and above. The CICA operate a Tariff system under which every injury has been attributed a value. We will advise every applicant what the likely Tariff will be after first interview.

Why Instruct Crosby & Moore Solicitors
* We will deal with the CICA from stage 1 (submitting the application) to the final decision and payment of any award. The majority of our clients do not want to dwell on what has happened, nor deal with endless frustrating correspondence. Instructing us removes the need for either of these to arise. * Our experience in this area will help ensure your application, when submitted, is as accurate and supportive as it can be for you. Our experience will also help you to minimise the risk of inadvertently breaching the CICA eligibility requirements. * Our Contingency Agreements are tailored to each client and are not standard. This means that any fee we agree with you will fairly represents the risks of your application and what is a reasonable fee for our services.

Funding for CICA Claims

The CICA does not pay legal costs. This rule applies irrespective of whether an award is made or not. In these circumstances victims of violent crime have three choices:-

1. Submit the application and deal personally with the CICA.
2. Instruct a Solicitor to make the application on your behalf.
3. Seek assistance from a voluntary organisation, e.g. Victim Support, Citizens Advice Bureaus.

At Crosby & Moore Solicitors we can offer to act for you under a Contingency Agreement. The main benefit of such funding is that you do not need to pay us fees as the application progresses and we are only paid IF the claim succeeds. The payment we receive is an agreed percentage of any award of damages made to you by the CICA. If your application is unsuccessful, then we do not require you to pay anything towards our fees. An example of how a Contingency Agreement works is as follows:-

We agree to act for you and our agreed fee is 25% of any award made plus VAT.

We negotiate with the CICA and they agree to award you £5,000.

Our fee is therefore £1,250 (25% of £5,000) plus VAT of £218.75.

After deducting our total fee of £1,468.75 from your award of £5,000, you would receive compensation totalling £3,531.25.

Frequently asked questions

Will my claim succeed?

If you can show that you have been a victim of a crime and sustained an injury that will attract an award in excess of the minimum tariff, then in principle you should be eligible for an award.

What factors could stop an award being made and /or reduce any award?

• A failure to report the assault and then co-operate with the police.
• A failure to assist and co-operate with the CICA after your application has been submitted.
• Where your conduct pre-assault is viewed by the CICA as causing or contributing to the assault/injuries being sustained.
• An applicant who has any previous ‘unspent’ criminal convictions could see an award reduced. The level of reduction depends upon the age and type of conviction.

Is there a time limit for making my claim?

Yes, the time limit is 2 years from the date when the injuries were sustained. This time limit is strictly applied so applications should be submitted at the earliest possible date.

Do I need to co-operate with the Police

All victims of crime are required by the CICA to assist the police with their enquiries into the incident that resulted in you sustaining injury. In practical terms this means reporting the incident without delay and thereafter assisting the police when asked to. A failure to do this can result in the CICA refusing to make an award. This requirement can appear harsh to some people but there are public policy reasons for this rule being operated strictly.

Does my assailant need to be caught and/or convicted for an award to be made?

No. The CICA recognise that many perpetrators of crime are never caught, or when caught and prosecuted, not convicted. Provided you have reported the crime promptly and then assisted the police, this will satisfy the eligibility requirements.

Can I claim for my financial losses and loss of earnings

If you have lost earnings for in excess of 28 weeks, then a claim for your lost earnings may be made. Other expenses, such as medical treatment costs, may also be claimed.