Can I run my own criminal injuries compensation claim?
The Criminal Injuries Compensation Authority Scheme (CICA) is designed for claimants to be able to submit their own claim. It’s a scheme that is set out in a document with a prescribed format. However, the difficulties arise when assessing if an offer you receive is reasonable or correct.
Do I need access to technology?
The claims are usually submitted via an online portal and so it’s helpful if you do have access to a computer to do this.
What happens if I answer the questions on the application form incorrectly?
If you answer any of the questions incorrectly then it will prejudice your claim. The CICA will access your medical records and police records created during the investigation and will be able to verify the information that you provide. If it’s incorrect and deliberately so then it can reduce your award of compensation or prevent you from claiming altogether.
Do I have to declare my criminal convictions?
Yes. If you don’t declare them then the CICA will identify them anyway and as above this will prejudice your position.
Will my criminal conviction affect my award of compensation?
Potentially yes. If it’s an unspent conviction then it may reduce the award of compensation you receive. On some occasions it can prevent you from claiming. That’s why it’s always advisable to seek assistance from a lawyer.
How long do I have to make a claim to the CICA?
Two years from the date of the incident. Claims may be considered outside this timescale if there is a valid reason. For example, if the claimant has suffered a significant psychological reaction to the incident.
Can I still make a civil claim against the perpetrator?
Yes you can. However, if you recover monies from the CICA you will need to repay these if you recover compensation from the perpetrator.
How long will my claim take?
Usually claims submitted to the CICA will take in excess of 12 months. This is likely to be impacted by further delays brought about by the pandemic.
How much does it cost to use a solicitor to submit my claim to the CICA?
Solicitors cannot claim their fees via the scheme so will have to enter into an arrangement with you as to how much you will pay them from your compensation. Usually this is 20-30%. However, SHU Law is a not for profit law firm and so we do not charge for legal advice. You will have to pay for any third party expenses but these will be set out before you instruct the firm in question.
If you need advice about a CICA claim please contact SHU Law by email at firstname.lastname@example.org or call 0114 256666.