CRIMINAL INJURIES COMPENSATION AUTHORITY
What is the Criminal Injuries Compensation Authority ?
The criminal injuries compensation authority (CICA) is a body set up by the state to compensate victims of crime.
Financial awards are made to compensate those who have suffered physical and psychological injuries caused by a violent crime. The CICA will in certain circumstances compensate for past and future lost earnings or financial losses suffered as a result of a violent crime. Compensation can also be awarded for the death caused by crime of a close relative.
What are the main rules ?
If you have been injured as a result of a crime, you must report the incident to the police as soon as you are able to. If you make an application to the CICA they will request information from the police. If you have failed to report the incident or do not cooperate with the police your application is likely to be refused.
Generally in most cases the CICA will only consider applications that have been received within two years of the incident which caused the injury. Crimes which involve sexual abuse/child abuse could be an exception to this. The nature of sexual abuse is such that many survivors are only able to disclose the incident many years after the abuse occurred. In most cases the CICA recognises this and has a discretion to disapply the two year time limit. Victims of domestic abuse may also be entitled to pursue a claim.
But how can Pictons help me?
Pictons' specialist personal injury team can help you with your application to the CICA. We are experienced in dealing with CICA claims. We can help you complete your application to the CICA. We also regularly keep in touch with the CICA to see how a claim is progressing and can help you apply for an interim award (a payment in advance of the final award) in appropriate cases.
What if the CICA have turned down my application or not awarded me enough?
The CICA scheme provides for a review procedure. We can help you at this stage if you have previously pursued the application on your own or with assistance from Victim Support, CAB or a Law Centre. We can help you get an increase of an award or get your application accepted if it has previously been refused.
Can I apply for compensation myself?
Yes, agencies such as Victim Support, the Citizens Advice Bureau and possibly local Law Centres may also be able to offer either free advice or funding under the Legal Help scheme (if you qualify) and will be able to assist you in making a claim to the CICA.
What if the offender has never been caught ?
CICA can make an award even if the offender has not been caught, convicted ot charged so long as there is evidence of an jury caused by a criminal act.
How long does it take to settle a case ?
This varies from case to case. CICA's aim is to provide a decision on 90% of cases within 12 months of receiving the application. However, in many cases it takes between 12 and 18 months or even longer for the CICA to decide whether a person is entitled to receive an award.
What if the review is unsuccessful?
We can help you with an appeal to the Criminal Injuries Appeal Panel. This will involve a hearing, usually in London, where the Panel will reconsider your application and the reasons for it being unsuccessful or the award too low. Our experience is that these appeals are often successful.
Will I have to pay Pictons' costs?
We do not offer legal aid so we will ask you to pay us a percentage of your award as our fees if your claim is successful. We will explain our charging structure to you in writing and in a meeting or on the telephone.
If you think you may be entitled to pursue a criminal injuries compensation claim and would like some further advice please contact our personal injury team who will be happy to discuss the matter with you.
