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If a violent attack or someone else’s unlawful behaviour causes death or disability from severe physical or psychological injury, the injured person may be able to claim compensation.
The Criminal Injuries Compensation Authority or CICA is a government agency which provides compensation to seriously injured victims of violent crime. CICA handles more than 30,000 claims and pays out more than £130 million in compensation each year to people who have been injured by violent crime in England, Scotland or Wales.
CICA claims are different from personal injury compensation claims which are made against the person or organisation responsible for causing the injury and are usually defended or settled by the wrongdoer’s insurers.
CICA claims are made directly to the CICA, rather than against the person who caused the injury. CICA deals with the claim which it either rejects or accepts and pays the victim’s compensation. For the claim to be accepted, the crime must have been reported to the police, but the victim’s attacker or abuser does not have to be identified or convicted and is not made aware of the victim’s claim, which is handled confidentially by the CICA.
CICA claims have their own time limits, strict eligibility criteria, and application, review and appeals processes. As a government agency, CICA awards compensation in accordance with a pre-set tariff system, usually resulting in lower compensation than someone with equivalent injuries would receive in an out-of-court settlement or a court would award in a personal injury claim. Victims who fulfil CICA’s criteria can make their own application directly to the CICA, but where their injuries are complex or severe their compensation may be significantly increased if their claim is handled by an experienced solicitor.
Our specialist personal injury solicitors are experts in securing rehabilitation and compensation for clients with lifelong disability from brain injury, spinal cord injury (SCI), and multiple injury or major trauma and for the families of those who have died as a result of fatal injury.
We understand the immense suffering that our clients have been through and the challenges they face every day. We handle each claim sensitively and skilfully, providing support and representation. We know that it can feel daunting to talk through what has happened, or to ask for legal advice, but all it takes is a quick call, free and confidentially, to find out how we can help.
Each case is different and our experienced solicitors will advise you on the best way to make your claim to ensure you receive the highest level of compensation. Depending on how and where the injury happened, substantial compensation for serious injury suffered by victims of criminal or unlawful behaviour may be claimed from an insured individual or organisation, such as an employer, a local authority, a healthcare or social care organisation, the MOD, a school or college, a sports club, a driver or the Motor Insurers’ Bureau (MIB). In cases of violent crime, we can help the injured person obtain their full entitlement to compensation from the Criminal Injuries Compensation Authority (CICA).
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CICA has strict eligibility criteria for who can make a claim. Compensation for injuries can be claimed from the CICA by:
CICA also considers the victim’s own behaviour before, during or after the crime. The claim may be refused or the compensation reduced if the injured victim provoked or willingly took part in a fight, or had previous criminal convictions.
The time limits to make a CICA claim are shorter than the limitation deadlines for personal injury claims. The general rule for CICA claims is that the application must be made within two years of the date of the crime which caused the injury.
Exceptions to the two year time limit include:
In all cases, the crime must be reported to the police before applying the CICA.
Failure to claim within the CICA’s time limit usually results in the injured victim’s claim being rejected. You should not delay making an application until the criminal court case has concluded. If the police advise you to delay making your CICA claim, you should seek advice from a specialist solicitor.
The amount of compensation that can be claimed for a serious injury depends on the circumstances of the injury, its severity and its impact on the injured person’s life.
In claims for injuries which were caused by someone’s criminal or unlawful behaviour, the amount of compensation that can be claimed also depends on whether the claim is made against the CICA or an insured organisation or individual defendant.
Unlike personal injury negligence claims, in which the wrongdoer’s insurer pays compensation to the injured person for a wide variety of injuries and financial losses, CICA compensation is fixed by a tariff that is set by the government funded Criminal Injuries Compensation Scheme. It is paid by the government via the scheme. The attacker or abuser is not informed and is not involved in any way in the victim’s CICA claim, which is handled confidentially between the injured victim or their family, their solicitor (if they have one) and medical experts, and the CICA. The CICA may request access to the victim’s medical records or a police report relating to the incident to help in their assessment of the claim.
CICA compensation is currently limited to a maximum of £500,000 in any successful claim. This level of CICA compensation is only awarded for the most severe injuries.
An individual’s claim may include compensation for up to three injuries that were caused by the crime. In such cases, the most severe injury is fully compensated according to the tariff and the second and third most serious injuries receive a smaller proportion of the set compensation for that injury.
CICA do not award compensation in any case where the total award would be less than £1,000.
The Criminal Injuries Compensation Authority (CICA) only compensates for injuries caused by crimes of violence. Examples of crimes of violence causing injuries which might be eligible for CICA compensation include:
Where the injury was caused by the negligence, criminal or unlawful behaviour of an individual or organisation with a duty of care (responsibility), such as an employer or local authority, the injured person may be able to recover a higher amount of compensation by making a personal injury claim against the wrongdoer and/or their insurers.
You can talk to one of our experienced personal injury solicitors, free and confidentially, for advice on the best way to obtain compensation for your injury by contacting us here.
Our personal injury lawyers specialise in obtaining rehabilitation and compensation for people with severe and life changing injury. In personal injury claims against an insured defendant, we can help our clients recover compensation for one or more of the following types of injury:
Claims for compensation from the CICA can only be made for specific types of severe injuries. These include severe physical injuries, sexual or physical abuse, the death of a close relative or disabling psychological injuries which have been diagnosed by a psychiatrist or clinical psychologist.
CICA also strictly limits the type of expenses and financial losses that can be claimed by injured victims. These include loss of earnings suffered for longer than 28 weeks, modest home adaptations and reasonable NHS treatment costs and mobility aids.
The CICA may reject or reduce the amount of compensation paid if the victim’s own conduct provoked or contributed to the criminal injury, or they have unspent criminal convictions, or they delayed reporting the crime to the police or failed to cooperate with the police investigation.
Boyes Turner’s personal injury lawyers act for our clients on a no win no fee basis, meaning there is nothing to pay if your claim is unsuccessful. In personal injury claims, if your claim succeeds, most of the legal costs will be paid by the defendant’s insurers.
In CICA claims, the CICA does not pay any of the injured victim’s legal costs, so these must be paid from the injured person’s compensation. For this reason, it is possible for injured victims of crime to make their own application to the CICA, without instructing a solicitor. However, where the injuries are severe, we recommend that the injured person is advised and represented by a specialist solicitor as this can significantly increase the amount of compensation.
A personal injury is an injury to the body. Sometimes the physical injury or the circumstances in which that injury was suffered also leads to a psychiatric or psychological injury.
When someone is injured as a result of another person or organisation’s breach of their duty of care (negligence), the injured person may be entitled to claim compensation for their injury and its financial consequences. The claim for compensation is made against the person or organisation that was responsible for the injury and is usually met by their insurer. The legal process of claiming compensation for injuries that are caused by negligence is known as a personal injury claim.
Boyes Turner’s personal injury team specialise in claims involving severe or catastrophic injury. Most of our clients have been injured in road traffic accidents (RTAs) and accidents at work.
For compensation claims relating to injuries which occurred in England or Wales the general rule is that court proceedings must be issued (formally started) within three years of the date of the injury. In most cases, before a claim can be issued work must be carried out to investigate the claim, notify the defendant and the insurance company against whom the claim is being made and obtain a medical report to support the claim. The sooner you contact us after an injury has occurred, the sooner we can begin to help you, and the better we can investigate and prepare your claim.
Longer time limits apply to children whose three-year time period only begins to run from the age of 18, meaning that their time limit expires when they reach the age of 21.
Time limits do not apply for those who lack mental capacity. Where an injured person’s mental capacity is uncertain, we work closely with our Court of Protection team to determine whether our client has capacity to bring their own claim. As with other claims, it is always advisable to contact us as soon as possible after the injury, to ensure that evidence can be preserved, rehabilitation started (where needed) and financial help secured via the claim.
In exceptional circumstances, the court may extend the time limit (or limitation deadline) for those including:
You can make a personal injury claim for:
Court proceedings are issued (started) in many cases but this does not mean that the case will end in a trial. There are many reasons why court proceedings might be issued:
The duration of a serious injury claim depends on the individual circumstances of the client’s case. Claims take less time to conclude if:
Claims are more complex and may take longer to resolve where:
We work hard to secure cooperation with defendant insurers, to provide immediate needs assessments and timely funded rehabilitation for our clients to maximise their recovery in the all-important period immediately following an injury. Wherever possible, we also secure interim payments to ease our clients’ financial hardship long before their claims have concluded.
By taking the time that is needed for the client’s rehabilitation and the careful assessment of their long-term needs, we can be confident that each client receives the full support and the compensation they deserve.
Compensation is carefully structured to make the best provision for the injured person’s needs. There are rules protecting compensation for children or adults who lack mental capacity. Compensation may be paid in one or more of the following ways:
If you, or someone in your family has been seriously injured in an accident that was somebody else’s fault, you may be entitled to make a claim. If this feels daunting, alongside everything else that you are coping with in the aftermath of an accident, it may help to remember that:
If you decide that you want to go ahead with making a claim, we will gather as much evidence as we can to support your claim. This evidence may include:
We will also contact the defendant and their insurers to begin working towards meeting your immediate needs and settlement of the claim.
Our personal injury lawyers are specialists in catastrophic and severe injury compensation claims. Our clients have often suffered life-changing injury resulting in permanent disability, and we aim to assist their recovery by securing funded rehabilitation, whilst supporting them in adjusting to the changes to their lives and securing compensation to meet their needs in the future.
Our clients usually have suffered one or more of the following:
If you have suffered a serious injury as a result of somebody else’s negligence (breach of their duty of care), we may be able to help you make a claim for compensation.
Depending on the circumstances of your accident and the severity of your injury, we may also be able to help you claim compensation:
The vast majority of our clients’ serious injury claims are settled without the need for a court hearing (trial). Our clients very rarely need to go to court.
Our personal injury specialists are highly experienced in investigating and assessing the strength of each client’s case. From the outset, and throughout the claim, we advise our clients clearly and honestly about their prospects of success.
We work hard to prove each client’s claim, based on evidence of the circumstances of their accident and the impact of their injury. We encourage cooperation with the defendant’s insurers and negotiate the best possible settlements for our clients. On the rare occasions when a claim cannot be settled without a court hearing, this will be because:
In the following circumstances, the law requires a judge to approve an out-of-court settlement, for the protection of those involved:
In these cases, the approval hearing will be a short hearing at which the lawyers for both parties explain the circumstances of the case and the settlement terms to the judge. In most cases, our client will be expected to be in court during the hearing, accompanied and fully supported by members of our legal team.
The amount of compensation that an injured person receives in a personal injury claim depends on a number of individual factors:
Depending on the client’s injury and the way it affects their life, their claim may include compensation for:
An interim payment is a part-payment of compensation which is paid to the injured person, in advance, whilst the claim is ongoing. We can usually secure an interim payment from the defendant’s insurer where they have admitted liability (accepted fault) for our client’s injury.
We use interim payments to help the injured person and their family, who may be suffering financial hardship as a result of the injury. Where insurers are not willing to provide Rehabilitation Code funding, we sometimes obtain interim payments to ensure that our client receives the rehabilitation, case management and therapies that they need straight away.
Interim payments may be used to meet any genuine need, but it is important that the injured person and their family understand that the sums that they have already received as interim payments are deducted from their final compensation at the end of the claim.
Depending on the client’s injury, an interim payment may help meet their needs for:
By understanding and targeting provision for our clients’ rehabilitation and other essential needs early in the claims process, we help restore our clients’ mobility, independence and ability to participate fully in family and social life, long before the claim has concluded.
When claiming for compensation, Boyes Turner will help you gain:
The easiest way to get started is to talk to one of our friendly, experienced solicitors. You can talk to us free and confidentially about your potential claim, with no obligation, by contacting us by email.
It costs nothing to talk to us to find out about making a claim. Our initial advice is free.
When you first contact us, we advise you whether we can help you make a claim. We discuss how your claim will be funded, and advise, fully and clearly, how that works and what it will mean for you.
We offer a range of funding options, but the majority of our clients’ claims are handled on a conditional fee agreement (CFA) basis, often known as ‘no win no fee’. This means that there is nothing to pay at the outset or until the claim is settled, and you receive compensation. If you win your claim, the defendant’s insurer makes a contribution towards your legal costs. You pay nothing if your claim does not succeed.
Our medical negligence and personal injury teams have been nationally recognised for over 20 years because of their expertise, empathy and commitment to securing maximum compensation for our clients.
Almost 5 years ago my sons suffered a life changing brain injury accident. A new life for everyone, so many unknowns so many difficult decisions. I met Claire and the team shortly after the accident. So many questions answered but more than that, amazing lovely people. Claire has been guiding me and the family throughout this ordeal with such compassion, there every time I needed her we couldn’t of asked for a nicer person. I have met many others with in Boyes Turner and all have been genuine lovely people, I’m now working with Ruth and Lindsay from the court of protection. Again, I can't say enough about them amazing lovely people. They truly do won't the best for my son and they did and continue to do so.
Claire is exceptionally knowledgeable in the personal injury legal domain, especially in the specific area of my injury. From our very first conversation, she was clear in explaining the potential different routes that the process could take and provided me with expectations of what I could expect along the journey.
She ensured that all bases were covered, organising meetings, discussions and necessary specialist appointments, in order to bring together the case and take it forward. Claire was then able to use her extensive pool of contacts, to appoint an "area leading" barrister, to represent me.
Overall, I was very pleased with appointing Claire and Boyes Turner to act as my solicitor for the legal claim that I pursued. Thank you for all of your support.
I approached Claire Roantree of Boyes Turner in regards to making a claim about a workplace burns injury. It was something that had scarred me physically and mentally and taken a huge toll on the lives of me and my family. Claire wasted no time in finding out what happened and made sure I was treated by known experts and quickly finding an answer to my burns scarring and how I could be treated to help manage my pain. Claire also helped me by appointing a psychiatrist to understand my situation and help me cope with post traumatic stress disorder. As well as taking as much stress of the claim away, she was thorough in every situation, making sure I had the best possible claim, and handled it all expertly, I am so very grateful to her and her team. They have helped guide my life back into a positive direction and I can't thank her enough!
Excellent service from Claire and her team at all times. We were kept up to date at each stage of our claim. The outcome was much better than we expected and we would not hesitate to recommend Boyes Turner to family and friends.
Kim handled my personal injury claim after a car accident with immeasurable expertise and compassion. Boyes Turner arranged every part of my private rehabilitation, which greatly improved the speed and quality of my recovery.
Each stage of the litigation process was dealt with efficiently and succinctly. This was then always explained without using unclear legal jargon.
On both health and financial levels, I would be in a far worse position without Kim’s invaluable input. I cannot recommend this firm enough.