Unfortunately, criminal assaults are commonplace nowadays – particularly on a Friday or Saturday night when you’re out on the town and some scourge of society decides to set upon you like a neanderthal for what can only be described as ridiculous reasons; normally involving alcohol. But the question here is whether you can make a claim for a criminal assault or not. Luckily, you may be able to make a claim.
If you were set upon intentionally, it can fall within the realms of the Criminal Injuries Compensation Authority. This government body, often referred to as the CICA, pays out compensation to the victims of criminal assaults if you meet their criteria. It’s basically a compensation scheme to help victims of assaults claim compensation for the injuries they have suffered.
As it’s a compensation scheme, you must qualify for their strict criteria. If you fail to satisfy one or more of their key criteria, you may find it difficult to make a claim. Here’s a breakdown of the common key criterions:
- The incident must have been a criminal in nature (i.e. it must not have been caused by accident, unless it was an act of criminal negligence).
- You must have injuries severe enough to meet their minimum criteria for claiming – see their website for more information on this.
- The incident must have been reported to the police within 48 hours of the occurrence.
- You must have received medical attention within 48 hours of the incidents occurrence
If you fail to satisfy one or more of the above, the CICA may refuse to compensate you. They have a self-confirmed duty to protect public funds and will therefore refuse victims an award should they fail to meet their strict criteria.
There are also other factors to take in to account that can result in the CICA rejecting a payout or reducing the award by a percentage:
- Your conduct surrounding the incident (e.g. if you were found to have provoked the assault in any way).
- Previous unspent criminal convictions in accordance with the Rehabilitation Act – if you have any involving assault crimes, the CICA are likely to refuse a payout. Depending on the severity of the offence will normally dictate whether the CICA will refuse or reduce an award.
Making a claim with the CICA can be a long and drawn out process. The CICA are a government funded body, so they normally work to backlogs and you should expect the compensation payout to take months to years to obtain.
You can submit a claim to the CICA through their website, or you can ask a solicitor to represent you. However, solicitors fees are not covered by the CICA, so instructing a solicitor will normally result in a percentage deduction from your payout. In some ways there are potential advantages from having a solicitor, as your solicitor will ensure that you are awarded the maximum amount of compensation, can advise you regarding any offers, and will know how to deal with the claim in the most efficient way possible.
We at The Injury Lawyers can’t stand the idea of charging clients – but there is no alternative for CICA cases. We may be able to assist you on a No Win, No Fee basis if you injures are severe enough to warrant a certain award level – our claims line is free to call on 0800 634 75 75.
