Criminal Injury Compensation Claims
Our free criminal injury claims guide will help you understand more about making a claim for compensation if you have been a victim of a criminal injury.
The Criminal Injuries Compensation Scheme is a government scheme designed to compensate those who have been injured as a result of violent crime carried out by others. This includes a full range of victims, from those who are injured in a mugging to those who are the victims of terrorism. The scheme is available to all who have been injured, physically or mentally, as a result of violent crime and, in some cases, this can include British citizens who have been injured abroad.
For many, the idea of making a compensation claim and completing more government forms and bureaucracy can be daunting. Being the victim of a violent crime is inherently traumatic, and it is important that you receive the support and assistance you need to help you cope during such a stressful time. Our compassionate team of expert criminal injury solicitors are able to work with you to help you with your criminal injury scheme claim for your personal injury and to make the whole process as easy and straightforward as possible. If you have been the victim of violent crime and wish to discuss the possibility of you making a criminal injury claim, call us on 0121 565 4317 or claim online today.
Who Can Claim For A Criminal Injury Under The Criminal Injuries Compensation Scheme?
In theory, the Criminal Injuries Compensation Scheme is available to anyone who has been injured as the result of being the victim of a violent crime. In practice, it operates on the basis that it will benefit “blameless” victims of violent crime. This means that you may have your compensation claim for criminal injury reduced or denied entirely if you have unspent criminal convictions. Because of this, we may need to discuss your personal circumstances and history in some detail to ensure that you receive the maximum amount you are entitled to.
In order to be eligible for the Criminal Injuries Compensation Scheme, you must:
- Have been the victim of a violent crime within the UK
- Have witnessed a serious incident at which a loved one was injured
- Be financially dependent on someone who was killed as a result of a violent crime
- Are resident within the United Kingdom
- Have sustained injuries as a direct result of that event or series of events. These injuries can be physical but they can also include more serious mental consequences, such as PTSD.
- Have reported the incident to the police
- Have cooperated fully with the police and criminal prosecution service
- Have made a claim within two years of the incident. There are circumstances under which this time frame may be flexible, for example if you were under the age of 18 when the incident occurred. If you are unsure, call us on 0121 565 4317 or claim online to start a criminal injury claim today.
It is worth noting that the scheme recognizes the difficulties associated with sexual and/or physical abuse and recognizes that these cause significant trauma without always having specific ‘injuries’ to show. Cases of sexual assault and rape are fully covered under the scheme.
Is It Difficult To Make A Claim For Criminal Injuries Compensation Claims?
Making a claim under the Criminal Injuries Compensation Scheme can be both stressful and time consuming. Patience is required, as the scheme has to assess all claims to make sure that taxpayers money is being used appropriately. Unfortunately, this can lead to extensive delays and you needing to provide an array of information related to your health and to the incident in which your injury was sustained. Obviously, this can be both logistically difficult and emotionally draining. We can take over the majority of the administration work, coordinating with your healthcare team, the police and the Criminal Injuries Compensation Scheme to get all of the necessary information to the people who need it as quickly and efficiently as possible.
With our help, your criminal injury claim can be simple and straightforward. Our expert team will provide you with the reassurance you need to allow you to put your claim out of your mind until the process is resolved. You can rest assured that we are working tirelessly to get you the compensation you deserve as the victim of a violent crime.
What If The Deadline Has Passed For Making A Criminal Injury Claim?
There are many reasons that you might not have been able to make a claim before the deadline had passed. These include being sufficiently injured that you were not able to make a claim before the designated date. For some of these exceptional reasons, the Criminal Injuries Compensation Scheme is able to permit your claim past the 2 year deadline. Such cases can be complex, however, and the assistance of an expert team of solicitors can make a huge difference in making a convincing case for your circumstances. If you have missed the deadline for making a criminal injury claim, please call us on 0121 565 4317 or claim online immediately to see whether we can help start a criminal injury claim.
Why Might I Not Receive Compensation For My Criminal Injury Claim?
As with all government agencies with limited budgets, the Criminal Injuries Compensation Scheme has strict criteria for who it is able to make payments to. There are many reasons why your claim might be rejected. Working with our expert team of criminal injury solicitors can help you to avoid the most common ones. These are:
- The injury you have sustained is not covered by the Criminal Injuries Compensation Scheme. In recent years, the range of injuries covered by the scheme has been reduced, to ensure that the limited funds are focused on those with the greatest need. This means that relatively minor injuries, such as a dislocated shoulder or broken nose, might not be covered under the scheme. These injuries can be extremely painful, however, and we know that the compensation you receive is important as an acknowledgement of the fact that you did not deserve the pain and suffering you have experienced. If you have had a minor injury as a result of a violent crime, call us on 0121 565 4317 or claim online and our criminal injury solicitors will call you back. We will be able to advise you as to whether the injury you have sustained is covered under the scheme and, if not, whether it might be possible to make a compensation claim against the person responsible for your injury instead.
- You did not cooperate fully with the claims process. Making a claim through the Criminal Injuries Compensation Scheme requires a great deal of information to be passed to specific people within a set period of time. If you do not meet these deadlines, your claim will be rejected. By working with our specialist team of personal injury solicitors, you can rest assured that you will never miss a deadline. This takes much of the stress out of the process of making a claim and increases your chances of receiving the compensation you are entitled to.
- The Criminal Injuries Compensation Scheme does not agree that what happened to you was the result of a crime of violence. Because there is no requirement for a conviction to have been achieved for a claim to be made via the scheme, it is necessary for the Criminal Injuries Compensation Scheme to have their own processes for deciding whether or not a crime has taken place. This is based on a principle known as the ‘balance of probabilities’, which is usually a lesser barrier than that required to gain a criminal conviction. In some cases, however, the scheme does make controversial decisions. In such cases, our team of personal injury specialist solicitors can help you to get the decision overturned. Call us on 0121 565 4317 or claim online to find out whether our criminal injury solicitors can help or not. If there is any doubt about whether the incident leading to your injury will be considered a crime, please seek legal advice before making a claim, as you are far more likely to obtain a positive response if your claim is accurate in the first instance rather than relying on an appeals process.
- You have a criminal record or other, similar, issues. Whilst it may seem profoundly unfair, the government have decided that those who are guilty of other crimes should not benefit from this scheme which is paid for by taxpayers. If you know that you have unspent convictions, please contact us on 0121 565 4317 or claim online to discuss your options in advance of claiming compensation for criminal injury, as you are not able to rescind your claim and re-submit later.
- You did not cooperate with the police and other authorities to support the prosecution of your assailant. The idea of appearing as a witness in court and assisting in a prosecution can appear daunting, maybe even impossible. This is especially true for victims of physical and sexual abuse. The scheme is very clear, however, that you are only able to claim if you are assisting the police and helping with the prosecution if there is one. If the police or Crown Prosecution Service (CPS) decide not to prosecute despite you being willing, this will not be a factor in whether or not you receive compensation. If you are having difficulties deciding whether you are able to cooperate with the police, call us on 0121 565 4317 or claim online and our criminal injury claims solicitors will call you straight back. We will talk you through all of your options and make sure that you are fully aware of the consequences of any decisions you might make.