Anyone who has been physically injured or suffered psychological trauma could be entitled to make a criminal injury claim from the CICA. To make a successful claim, the crime must have been reported to the police, but you may still be able to seek legal redress and obtain a settlement even if the alleged perpetrator was never identified, caught or convicted in a criminal court. Claims for compensation under the CICA scheme are worth considering when there is doubt that a claim in the civil courts will succeed.
It may also be an avenue to explore if a perpetrator has insufficient assets or insurance to meet the settlement. An applicant has 2 years within which to submit their application to the CICA, subject to there being exceptional circumstances or in relation to criminal acts that took place when they were a minor.
There is no need to wait for the outcome of a criminal trial to submit a claim to the CICA, and certainly applications should not await the outcome of a criminal trial if it means that their claim would not be submitted within the 2 year period. If you do feel the need to follow the advice being given by the police or the CPS please ensure that you ask them to put this advice in writing so that you can then evidence to the CICA why your claim was submitted out of time.
There are no specific timescales, but the CICA aims to make a decision on most applications within months. For more complex cases, where higher-value settlements may be required, it can take much longer. Usually, those claims involve serious injuries where ongoing medical treatment is required and the anticipated recovery date or level is unknown. In those circumstances, a final decision cannot be made until a clear prognosis is known.
It may be possible in certain circumstances to ask the CICA to make an interim payment however. The CICA will aim to deal with applications involving sexual assault with within 8 weeks where the applicant wishes for the application to be considered using the police evidence only.
This option will better serve an applicant who has not suffered psychologically as a result of the sexual assault. For those that have suffered with a psychological injury, which has been diagnosed by either a clinical psychologist or psychiatrist, a final decision can only be made in the usual way where a normal application is submitted to allow the CICA to obtain the medical evidence required in support of this. According to official statistics issued by the Government, the CICA settles more claims than it receives in a year.
In a bid to increase claimant satisfaction, they have also reduced the percentage of their caseload which has been outstanding for over two years. The length of time it takes to asses a claim does vary greatly, depending on the information the CICA need to gather from organisations like the Police and medical professionals , which can delay a decision from being made on a review application.
In cases when the alleged perpetrator of the abuse has not been convicted, the CICA may request information and evidence from the Police or other organisations to help them reach their decision. When an individual is undergoing treatment and their prognosis is unclear, a decision cannot be made until an accurate forecast can be determined.
As one of the most experienced criminal injury claims specialists in the UK, we work closely with the CICA to secure the justice that innocent victims deserve. In cases which are delayed because a serious injury requires an accurate prognosis, we can often secure an interim payment to help ease any financial hardship which has experienced as a result of a criminal act. We have helped people to secure a higher settlement than was originally awarded by having their case re-opened for medical reasons, particularly if their health has deteriorated or become worse than expected.
We have also helped clients review and appeal the decisions of the CICA when we feel there has been an undervalue and helped them to secure increased awards. If your bid to secure a settlement is successful, you must notify the CICA to accept their offer. The compensation will usually be put into your bank account within four weeks. If compensation is awarded to a minor, the CICA will hold it in an interest-bearing bank account until they turn If an award is made to someone who lacks the mental capacity to make their own decisions, they may hold it in trust for the applicant also.
Anyone who wants to discuss their application and its progress, can call the CICA helpline on and their advisors will do their best to provide an update on the position of a case.
We believe our specialist legal advice can be the difference between success and your claim being rejected. These applications should be made within 12 months from the date of the offender being convicted. These matters can take several months after the filing of documentation initiating the matter to resolve, or they can be protracted in the last number of years.
Depends upon the circumstances of the case. This is another avenue open to people that have been the victim of a crime to obtain conversation. These applications must be initiated within three years from the date of the act of violence. As with sentencing act Applications, these can resolve a few months after they are initiated, or they can take several years depending upon the nature of the case. Call us now What is the CICA? Start your claim today! You may be entitled to compensation.
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You must report the crime to local law enforcement, unless there is a reasonable explanation why you did not. You must file an application with the commission within 2 years from the date of the crime, unless there is a reasonable explanation why you could not. You must cooperate with the reasonable requests of law enforcement officers and prosecutors in their investigation or prosecution of the crime, unless there is a reasonable explanation why you could not.
You must not have contributed in any way to the injury or death. You must not have been assisting in or committing a criminal act causing your injuries.
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