Legal FAQs

Compensation for Victims of Crime

Thanks to blanket coverage on the television and to the use of so called celebrities in TV ads we all now know that if we have an accident and are injured either at work or in a public place, or indeed almost anywhere and it was not our fault then we may have a claim for financial compensation.

However not everyone knows that we also have a statutory right in law to claim compensation should we be injured following a criminal offence.

Who do I claim against?

An organisation called the Criminal Compensation Authority (CICA) run a scheme, founded by the Government, to provide financial compensation to citizens who suffer injuries as a result of crime, usually for the victims of violent crime.

If you have been unfortunate enough to become a victim of a crime and wish to make a claim the first thing to do is speak to a specialist solicitor who will be able to advise you on the chances of receiving compensation under the terms of the CICA scheme. One potential problem you may encounter is that unless there are exceptional circumstances, a claim must be brought within two years of the crime being committed. The Criminal Compensation Authority may allow claims beyond this date if an exceptional reason applies, although this is unusual. One possible circumstance may be where the victim has learning difficulties, or the injuries were not apparent until after the time limit had passed.

How much compensation could I receive?

If you make a claim under the scheme the Authority will assess your application after it has made appropriate enquiries of the Police, the medical authorities and other relevant bodies. Making a claim obviously doesn’t guarantee success. The award of compensation depends upon the circumstances and upon the findings of the investigation; however, if it is successful you will be offered a financial award according to a fixed scale depending upon what actually happened and what your injuries were.

If your claim is not successful then an appeal can be made to the CICA Appeals Panel. However you should be aware that once again there are time limits for making such an appeal.

Can everyone apply for compensation?

As you would imagine, the object of this scheme is to award appropriate compensation to innocent victims only. If it is considered that you provoked or intensified the incident your claim may be rejected, or you may be offered a reduced award. Similarly, someone with previous convictions (even if they concern an unrelated incident) might receive a reduced award or no award at all, depending on the nature and age of the convictions.

If you are the victim of a crime you must report it to the Police . If you don’t report the crime to the Police and then attempt to make a claim for compensation, you may discover that it fails immediately. Similarly if for whatever reason you don’t co-operate with the investigation or with the prosecution, you might have your claim for compensation rejected, unless you have a very good explanation.

What does it cost?

The CICA may pay you compensation but it will not pay your legal costs. However you may qualify for a limited form of state assistance, formally known as Legal Aid, subject to your financial circumstances. Alternatively we may be able to offer you help and advice on a No Win No Fee basis.

Although it is often a complex process, you do have a right to be compensated, at least financially, for a criminal offence that is committed against you. So if you’ve been a victim of crime and want advice on making a claim for compensation, you should contact us and ask to speak to a member of our personal injury department. We will happily give you a free initial consultation.

Claire Burns - Personal Injury Partner

Member of the Law Society’s Personal Injury Panel

Member of the Association of Personal Injury Lawyers (Senior Litigator and Member of the Occupational Health Group

Glaisyers solicitors

T: 0121 233 2971

E: claireburns@glaisyers.co.uk