Criminal Injury
Compensation Claims
For people hurt by violent crime
If you were injured in a violent crime, you may be able to claim compensation through a government scheme run by the Criminal Injuries Compensation Authority. It does not depend on anyone being convicted, and in many cases it does not depend on the attacker ever being identified. We will explain how the scheme works, what it pays, and what it would cost you to have us involved.
Regulated solicitors
Years' experience
No Win No Fee
Can you make a criminal injury compensation claim?
The scheme is for people injured in a crime of violence in England, Wales or Scotland. Northern Ireland has its own separate scheme. You will usually need to show three things: that you were injured in a violent crime, that you reported it to the police, and that you are applying within the time limit, normally two years.
Two points surprise people. Nobody needs to have been convicted, and the attacker does not need to have been caught, because the Authority decides on the balance of probabilities rather than waiting for a criminal court. And you do not have to be the person who was attacked: relatives of someone who died, and people who paid for a funeral, can apply in their own right.
Crimes that can lead to a CICA claim
The scheme covers crimes of violence. If what happened to you is not on this list, it does not mean you cannot apply.
Physical assault
Attacks causing injury, including assaults with a weapon, stabbings and woundings.
Sexual violence
Rape and sexual assault, including offences that happened many years ago. Different time limits can apply.
Domestic abuse
Violence by a partner or family member, including sustained abuse over a period of time.
Childhood abuse
Physical or sexual abuse suffered as a child. The two-year limit is applied differently in these cases.
Robbery and violent theft
Where force or the threat of force was used against you, including street robbery and carjacking.
Crimes causing death
Where a relative was killed. Family members may claim a bereavement payment and funeral costs.
A vehicle used deliberately to injure someone can also count, as can injuries suffered while helping the police or preventing a crime. If you are unsure whether your situation qualifies, ask.
What it costs, and whether you need
a solicitor
You do not need a solicitor to apply to the Criminal Injuries Compensation Authority, and applying costs nothing. You can do it yourself, and a friend or relative can help you without being a formal representative. If you do that and the application succeeds, you keep the whole award.
If your health problem built up over months or years of exposure at work, such as a lung condition, occupational asthma, hand-arm vibration, or hearing loss, that is usually an industrial disease claim, and the time limits work differently. If you are not sure which applies, we will help you work it out.
So the honest answer is that it depends on your case. A straightforward application after a recent assault is something many people manage alone. Where representation tends to earn its cost is on the harder ones: historical abuse, psychiatric injury that needs expert evidence, awards reduced because of an applicant’s own convictions, and reviews or appeals to the tribunal after a refusal.
Tell us what happened and we will say honestly which of those you are, before any agreement is signed.
- Applying to the Authority is free, whoever does it
- The Authority does not pay legal costs, so any fee is taken from your award
- Ask any firm, including this one, exactly what percentage they would take
- Get it in writing before you commit, and take your time reading it
Source: GOV.UK guidance on criminal injuries compensation. Free support is also available from Victim Support, independently of any claim.
How much criminal injury compensation can you get?
The scheme works differently from an ordinary injury claim. Instead of a solicitor and an insurer negotiating a figure, the Authority pays from a fixed tariff published by the government, with a set amount for each injury.
Payments for the injury itself run from £1,000 to £250,000, and the total award, including other payments, is capped at £500,000.
Where there is more than one injury, the tariff pays 100 per cent of the highest value, 30 per cent of the second and 15 per cent of a third. Only three injuries count. Because the values are fixed, no representative can change what your injuries are worth under the tariff.
Figures from GOV.UK guidance on criminal injuries compensation, correct at the time of writing. The upper end of the range is reserved for the most severe injuries.
- Lost earnings. Nothing is paid for the first 28 weeks, and after that it is paid at statutory sick pay rates, not your actual wage.
- Special expenses. Costs of treatment, special equipment, adapting your home, and care or supervision, in limited circumstances.
- Funeral costs. A flat payment of £2,500, and up to £5,000 where the costs are reasonable.
- Bereavement payment. Available to qualifying relatives, which the Scheme defines as a spouse or civil partner, a partner of at least two years, a parent or a child. The amount is set by the Scheme.
Whether each applies depends on your circumstances and the Scheme rules.
What a CICA claim is built on
Most of this already exists. The Authority obtains a good deal of it directly once an application is made.
Never reported it to the police? That is a real obstacle rather than an automatic no. Talk to someone about it rather than assuming the door is closed.
What it costs, and whether you need
a solicitor
You do not need a solicitor to apply to the Criminal Injuries Compensation Authority, and applying costs nothing. You can do it yourself, and a friend or relative can help you without being a formal representative. If you do that and the application succeeds, you keep the whole award.
If the claim succeeds, an agreed success fee is deducted from your compensation, and insurance is usually put in place to cover the other side’s costs. Your industrial injury solicitors will explain all of this clearly, in plain English, before you commit to anything.
We will tell you honestly which of those you are, before any agreement is signed.
Criminal injury compensation claims
your questions answered
The questions we are asked most, answered plainly.
Can I claim if the attacker was never caught or convicted?
Yes, in many cases. The Authority decides on the balance of probabilities rather than waiting for a criminal conviction, so an application can succeed even where nobody was charged or the attacker was never identified. What it does need is that the crime was reported to the police and that you co-operated with their investigation as far as you reasonably could.
Do I need a solicitor to make a CICA claim?
No. Applying is free and you can do it yourself, or with help from a friend or relative. If you instruct a solicitor or a claims company, the Authority will not pay their fee, so it comes out of your award. Representation is most likely to be worth that cost on complex cases, such as historical abuse, psychiatric injury needing expert evidence, or a review or appeal after a refusal. We will tell you honestly which category you are in before you sign anything.
How much compensation will I get?
It depends on your injuries, and it is set by a fixed government tariff rather than negotiated. Injury payments run from £1,000 to £250,000, with a £500,000 cap on the total award, and the upper end is reserved for the most severe injuries. Where there is more than one injury, the tariff pays 100 per cent of the highest, 30 per cent of the second and 15 per cent of a third. Lost earnings are paid only after 28 weeks and at statutory sick pay rates.
Can my own criminal record affect a claim?
It can. The Scheme allows an award to be refused or reduced where an applicant has unspent convictions, with the effect depending on the sentence. It is one of the more technical parts of the rules, and it is a common reason applications are turned down or cut. If this applies to you, say so at the start rather than hoping it will not come up, because it will, and it is easier to deal with openly.
Can I claim if a family member was killed?
Qualifying relatives may be able to claim a bereavement payment, and whoever paid for the funeral can apply towards those costs. There may also be payments where someone was financially dependent on the person who died. The Scheme sets out who counts as a qualifying relative, broadly a spouse or civil partner who was living with the person, a partner of at least two years, a parent or a child, so it is worth checking your position rather than assuming.
How long do I have to apply?
Normally two years from the crime, which is a year shorter than an ordinary injury claim and catches people out. The Authority can extend it in limited circumstances, for example where the crime was childhood abuse, or where someone could not apply sooner because of their physical or mental health. If you are past two years, it is still worth asking rather than assuming you are too late.
Find out where you stand
Tell us what happened and how you have been since. We will explain which route applies to you, what it would involve, and whether it is worth pursuing. If it is not, we will say so.
- Free, confidential and without obligation
- No Win No Fee available
- SRA-regulated solicitors
Check if you can make a claim
Takes less than 60 seconds
Other claims we handle
Ask what your options are
The two-year deadline is shorter than most people expect, so it is worth asking early even if you are not sure you want to go ahead. The conversation is free, private, and you are under no obligation to instruct anyone, including us.
Related Blogs
