If you were the blameless victim of an assault, you could be entitled to make an application for compensation through the Criminal Injuries Compensation Authority for any injuries and harm you suffered at the hands of an assailant whether you knew the person or not. As long as your case meets the strict CICA criteria, and the injury you sustained is listed in the authority’s tariff of injuries, a solicitor could assist in submitting an application for an assault compensation payout through the Scheme.
To find out more about assault compensation payouts and whether you could be entitled to file an application to the CICA, what evidence would be required and how a personal injury solicitor could assist you, please read on.
- What Injury Payouts Would the Criminal Injuries Compensation Authority Consider?
- Could I Claim Through CICA if Stabbed in an Assault?
- How Long Does the CICA Take When Considering Stabbing Injury Payouts?
- Is it Possible to Claim Assault Compensation for Domestic Violence Through the CICA?
- Should I Get Legal Representation if I Make a Domestic Violence Claim Through CICA?
- Could I Claim Compensation for a Groping Assault Through the CICA?
- Do I Have to Wait for the Court Case to Finish to File an Assault Claim Through the CICA?
- Do I Have to be a Blameless Victim to Receive Compensation Through the CICA?
- Do I Need to Employ a Solicitor If I Make an Assault Compensation Claim to CICA?
- Would a No Win No Fee Solicitor Represent Me When Filing an Assault Claim to CICA?
- Useful Links to Websites
The authority uses a tariff of injuries system and providing your injury is listed, you could be entitled to submit an application for assault compensation through the Scheme which is Government funded through the taxes everyone pays in the UK. It is worth noting that should you have suffered more than one injury in an assault against you, the CICA would only consider the three most severe and these would be compensated in percentages based on their severity with the two lesser injuries being awarded a reduced level of compensation.
The types of assault the authority would consider include the following:
- Abuse – both sexual and physical
- Body and organ injuries
- Brain damage, nerve damage and paralysis
- Facial injuries
- Lower limb injuries
- Mental injury/shock
- Neck, shoulder, and back injuries
- Upper limb injuries
- Recognised medical health issues/illnesses
There are many subsections in the list of injuries for which the CICA would consider awarding compensation to a blameless victim of a crime of violence. If you are unsure whether your claim would be acceptable or if you would be eligible to make an application to the CICA, you should contact a solicitor who would offer valuable legal advice on whether you could pursue a claim or not which they would typically provide in a free, no obligation consultation.
The CICA would consider victims of stabbing injuries, but it can prove more challenging through the Scheme. The reason being that the authority would only look at the injury sustained in a stabbing and not the wound itself. If you were stabbed in an assault and you have been left with scarring, a solicitor would assess whether you could claim through the CICA but the scars left from the stabbing would need to be serious enough to be seen from a distance. If you were left with facial scarring following an assault, the scar would need to be a minimum of two centimetres for the CICA to consider awarding compensation through the Scheme.
If in the assault you received a stab wound to the body, the CICA would only consider compensating you for a serious wound but would not payout for a puncture wound. As a rule of thumb, the stab would need to be at least four centimetres or more.
Stabbing injuries often result in tendon damage whether to the arms or legs and both would be considered by the CICA if you make an application for compensation through the Scheme. The reason being that tendon damage can often lead to ongoing problems. The authority also considers compensation payouts if victims suffer puncture lungs or organ damage which results in the removal of their spleens or pancreas. You would also be able to claim through the Scheme if any of your organs are damaged and therefore you need to under surgery to repair them.
If you need more advice on claiming compensation through the Criminal Injuries Compensation Scheme, the best course of action is to contact a solicitor who specialises in this type of claim. The reason being that the CICA does not make it easy to claim compensation for stabbing injuries and having a legal expert on your side, could make the difference of having an application accepted or rejected by the authority.
When it comes to cases where stabbings are involved, it can take time for a payout to be settled because it all depends on whether the Crown Prosecution Service prosecutes your assailant or not. If a decision to prosecute is made, the police report would not be released until the end of a trial which means that payouts for stabbing injuries can be delayed for months.
With this said, you would not have to wait till the end of a trial to file a claim because if you do, it could mean that you run out of time bearing in mind that the deadline for criminal injury claims is two years from the date of an assault. The authority has the discretion to extend the time limit in exceptional circumstances. However, it is far better to begin a stabbing injury claim through the CICA sooner rather than later to avoid your case being time barred which would see you losing out on being awarded the compensation you could be entitled to.
If you suffer injuries as a result of domestic violence, you could be entitled to claim compensation through the Criminal Injuries Scheme but cases of this nature tend to be challenging. The reason being that victims of domestic violence must be able to prove they were ‘blameless’ and that their assailant would not benefit from any money awarded in compensation through the Criminal Injuries Scheme.
Should the authority believe that your abuser could profit from the compensation you may be awarded, they would turn down your application and if they believe that you may have contributed to the assault on you in a domestic environment, your application would not be accepted either.
If you are unsure on how to proceed with a compensation claim for domestic assault, you should contact legal helpline who would offer essential advice on whether your case would be accepted by the Criminal Injuries Compensation Authority or not.
Because these cases tend to be challenging, as previously mentioned, it is far better to seek legal advice from a solicitor prior to making an application for injuries sustained in domestic violence to the CICA. The reason being that the authority would look closely at all aspects of the case and whether the assault was a single isolated incident of domestic violence, or a series of incidents that occurred over a period of time. The CICA would also investigate as to whether a victim of domestic violence fully cooperated with the Police during the enquiry. If it is found that you failed to cooperate with the Police in any way, the authority would refuse an application for compensation through the Scheme.
A solicitor would assess your situation in a no obligation consultation before advising you whether you could be entitled to claim compensation for domestic violence through the Criminal Injuries Scheme.
If you were subjected to being groped by an assailant, this is considered a sexual assault on you, and today this type of attack is taken very seriously by the authorities. You must have reported the incident to the Police and if there were any witnesses, you should get their contact details so that witness statements can be gathered to support your claim against an assailant.
If the attack took place on a train, you should report the groping incident to the British Transport Police who would then send it over to the Crown Prosecution Service who would in turn decide whether to prosecute your assailant or not. If you are unsure as to whether you have a valid groping assault claim, a personal injury solicitor would assess your case before advising on how best to pursue a claim for compensation through the CICA. When it comes to the level of compensation you may be awarded, this would depend on the severity of the attack on you. The more severe the groping assault, the higher level of compensation you would be awarded through the Criminal Injuries Scheme.
As previously touched upon, you would not have to wait for a court case to end to make an application for an assault claim through the Criminal Injuries Compensation Scheme. Court cases can drag on especially if a claim is complex and the injuries sustained are severe or life-changing. The time limit to making a claim through the Scheme is two years from the date of an assault although the CICA can extend this but only in exceptional circumstances. As soon as you are made aware that the CPS has decided to prosecute your assailant, you should contact a solicitor with a view to making an application for assault compensation to the CICA.
One of the main criteria when making an application for compensation through the CICA is that you are ‘blameless’ for any injuries whether physical or psychological that you sustained in an assault. Should you have chased after an assailant and in the process, you suffer injuries at the hands of an attacker, the CICA would not consider that you are a ‘blameless’ victim.
If you have any ‘unspent’ criminal convictions against you, the Criminal Injuries Compensation Authority would refuse your application and this would include a drink/driving offence against you which is still running. If you are unsure whether you have ‘unspent’ criminal convictions, you should get legal advice from a solicitor who would ensure that you do not before submitting an application to the CICA. If they find that you do have an ‘unspent’ conviction, a solicitor would advise you wait until it is spent before applying to the CICA for an assault compensation claim to avoid your case being turned down.
There are many rules that apply to applications to the Criminal Injuries Compensation Authority all of which must be respected to prevent a case being turned down. A personal injury solicitor has the necessary legal expertise required to handle CICA claims and respect the shorter two year time limit associated with criminal injury claims. With this said, you are not obliged to have legal representation when making a CICA application but because of the rules and the strict eligibility criteria the authority operates, it is far better to have a solicitor go over your case before submitting a claim.
Personal injury solicitors assess all the cases they take on and once satisfied that your case is strong, they would offer to represent you on a No Win No Fee basis. This basically means that you would not have to find the funds to pay the solicitor an upfront fee which is sometimes referred to as a ‘retainer’. You would not have to pay any other fees to the solicitor as your CICA claim progresses.
The only time you pay a No Win No Fee solicitor is when you are awarded compensation in a successful CICA claim and the amount known as a ‘success fee’ is taken out of the money you are awarded. Should you lose your case, then the fee would no longer be payable because you entered into a Conditional Fee Agreement (No Win No Fee Agreement) with the solicitor who represented you.
As previously mentioned, providing a solicitor establishes that you have a strong CICA claim for compensation for injuries sustained in an assault, they would typically offer to work on your case without requesting that you pay them an upfront fee. This would entail entering into a No Win No Fee agreement with the solicitor otherwise referred to as a CFA or Conditional Fee Agreement. This is a legally binding contract between both parties, namely yourself and the solicitor. It sets out the ‘percentage’ known as a ‘success fee’ that only becomes payable once you are awarded CICA compensation for an assault that left you suffering with injuries, whether physical or psychological. This success fee is deducted from the money you are awarded with the balance being paid to you.
Should your case not be successful and you are not awarded CICA compensation, the fee would not be payable. This is because the solicitor signed a CFA which set out the terms and conditions of the contract which includes not being paid if they failed to get you the compensation you sought when filing an assault injury claim through the Criminal Injuries Compensation Scheme.
For more information on CICA eligibility, the following link provides essential reading on the criteria that must be met when making an application for compensation through the Criminal Injuries Compensation Scheme:
If you would like more information on domestic violence and what support is out there, please follow the link provided below:
For more information on the tariff of injuries that apply to criminal injury claims submitted to the CICA, please click on the link below: