If you have been the victim of a violent crime resulting in physical or psychological injury you may be entitled to compensation under the Criminal Injuries Compensation Scheme.
This scheme is administered by the Criminal Injuries Compensation Authority (CICA).
Compensation under the scheme is outside the civil courts system.
Benefit of a CICA claim over a civil claim
If you are injured as a result of a crime of violence but the person causing you injury is uninsured or otherwise unable to pay any compensation award, then it is unlikely to be worthwhile bringing a civil claim against that person. A claim under the CICA Scheme removes this worry as the compensation will be paid by the CICA funded by the state.
Making an application under the CICA Scheme does not prevent you from bringing a civil claim for damages for personal injury. However, any award of compensation you may receive as a result of an application to the CICA will have to be repaid from any compensation you may subsequently receive as a result of a successful civil claim for damages for personal injury arising out of the same incident.
Crime of violence
To qualify for a CICA award, your injury must have been caused by a crime of violence. There is no precise definition of this, but it will usually be clear whether or not an act is a crime of violence. Arson is classed as a violent crime. However, any injury caused by a road vehicle is not, unless the injury was intentionally caused.
Types of injury
Personal injury under the CICA Scheme includes physical injury, psychological injury, disease and also fatalities.
In the case of a crime of violence resulting in a death, a claim may be made on behalf of the victim’s estate, and the surviving spouse and any dependants, for example the victim’s children.
In certain circumstances you may be eligible for compensation if you develop a psychiatric illness without any physical injury.
Time limit
A claim to the CICA should be made as soon as possible after the incident. Claims must be made within 2 years of the incident, although the CICA may sometimes waive this time limit if there are good reasons to do so.
Your responsibilities
If you are the victim, you must act reasonably by reporting the incident to the police and co-operate with the police investigation. If you fail to do so, any award may be withheld or reduced.
If there are confidentiality reasons which prevent you doing so (for example if you are a care worker and have been injured by a client), you may still be eligible for an award but you must act reasonably in reporting the incident to your employer and co-operating in their investigation.
Other criteria
The CICA can refuse to make an award or alternatively can reduce an award on various other grounds, including the identity and conduct of the victim. For example, if the injured party themselves has criminal convictions or perhaps is to some extent also at fault for his injuries (for example, if they were sustained during a fight which the victim may himself have provoked) then, again, the CICA may decide to refuse or reduce an award of compensation.
Level of compensation
There is a tariff under the scheme setting out various different awards depending on the nature and severity of the injury. As far as financial losses and expenses are concerned, there are different rules under the scheme which govern compensation for different types of financial loss.
We can advise you fully about the likely level of compensation for your claim.
For further information, please contact Mary Duncan, head of personal injury department or telephone 01865 781000.