Criminal Injuries Compensation
Criminal Injuries Compensation Scheme
Where injuries have been sustained as a result of a deliberate assault or a criminal offence, the most appropriate course is to pursue a claim under the Criminal Injuries Compensation Scheme set up by the Government
While in certain circumstances it might be possible to pursue a claim against the person who committed the assault or the offence this is rarely a cost effective course given the uncertainty of enforcing any judgement even if the claim is successful. Any damages awarded against the person responsible would also reduce the level of any potential award under the Scheme.
Criminal Injuries Compensation Authority (CICA)
Claims under the scheme are administered by the Criminal Injuries Compensation Authority (CICA). The CICA will investigate the claim and, if it is satisfied that the claim meets its criteria, it will assess the appropriate level of compensation to be paid to you and then pay the appropriate compensation.
Pursuing a claim
The process of pursuing a claim with the CICA involves the submission of an application to the CICA. The CICA is based at Tay House, 300 Bath Street, Glasgow, G2 4LN, Freephone number 0800 358 3601.
A copy of the application form and guidance literature can be obtained from the CICA. An application can be submitted online.
Pursuing a claim against the CICA can be a lengthy process and the CICA will often take some time to respond to correspondence.
An application must be received by the CICA no later than 2 years after the incident for which a claim is made. Applications received after that time limit will only be dealt with if there is good reason for the delay and it is in the interests of justice to do so.
It is not possible to recover from the CICA legal costs incurred by you to instruct Solicitors to pursue such a claim. Therefore, if you instruct Solicitors, the legal costs incurred will have to be met out of any compensation recovered.
Given that any legal costs incurred will have to be met out of any compensation recovered it may not always be in a Claimant’s interests to instruct Solicitors.
However there may be circumstances where an injured person will prefer to have solicitors conduct the claim on their behalf and iIn appropriate cases, we can guide clients through the whole process including identifying items which can be claimed and the evidence required to support the claim. We can also arrange for medical and care reports to be completed which assist with identification of injuries and the value of care required for future needs.
Where the CICA has declined to take on a claim or to award compensation for certain losses then we can advise about the prospects of making an appeal on a specific issue and if necessary arrange for suitable representation for any hearings and a barrister's opinion.
Please contact us if you would like any further details of the assistance we can offer.