If you have been a recent victim of a crime, then there is a very good chance that you'll be entitled to make a criminal injury compensation claim under the Criminal Injuries Compensation Scheme.
CICA – Criminal Injuries Compensation Authority
Great Britain has in place the oldest compensation scheme for people who suffer criminal injuries as victims of crimes, with the first version having been introduced in 1964. Based along the lines of a personal injury compensation claim, the CICA compensates victims of violent crime who have suffered any:
• injury, whether that be physical or mental, as a result of being the victim of a violent crime
• possible loss of earnings that the victim may endure as a result of such criminal injury
• bereavement suffered as a result of a loved one having died as the victim of a violent crime.
Since 1996 the CICA has adopted a fixed tariff criminal injury compensation scheme as set out by parliament in the Criminal Injuries Compensation Act 1995 for those who are entitled to make a criminal injury claim.
Criminal Injury Compensation Claim
If you plan to make a claim to the CICA for criminal injury compensation, then you'll need to show that you have suffered either physical or mental harm as a result of having been the victim of the violent crime in question.
Note that you need to show that a crime took place, you do not need to show that a conviction resulted from the crime you are claiming took place.
If you have grounds to believe that you have a criminal injury claim, you can obtain a compensation form from a personal injury solicitor, which you then need to compete and return.
The CICA then acknowledges receipt of your form and should process the claim. Keep in mind that this can be a lengthy process and can take anywhere up to 18 months after you have submitted the criminal injury compensation claim.
Also, as the scheme is for victims of violent crimes, the minimum compensation payable under the scheme is £1,000 and the maximum amount of compensation is £250,000.
Moreover, keep in mind that if you have made a claim for compensation under the scheme and are not satisfied with the initial compensation awarded for the criminal injury you suffered, you are entitled to submit a request to have a review of your criminal injury claim within 90 days of your original award being made.
If you still don’t like the award after this review process has been completed, then you can appeal your criminal injury compensation claim to the Panel of the CICA within 30 days of the outcome of the appeal process. If the Panel of the CICA award still does not satisfy you, you then have the right to appeal your claim to the High Court.
Criminal Injury Solicitor
If you have been the unfortunate victim of a crime, you should speak to a criminal injury solicitor as soon as you can following the event. In part this is because the criminal injury compensation scheme is only for those who are the victims of a violent crime.
On the other part, you need to make sure you do this so that you can get the advice from your criminal injury solicitor as to any alterative compensation you may want to seek.
NO WIN NO FEE
Any alternative compensation claim you do instigate will be based on a civil action for personal injury. As a personal injury claim can be expensive, if you believe you may have a case for personal injury compensation but do not have the funds to pay a costly solicitor, you should talk with a no win no fee solicitor to see if there is any chance they will represent you in your claim.
To read the full article, click How to Make a Criminal Injury Compensation Claim by Mumtaz Shah
Showing posts with label Criminal Injury. Show all posts
Showing posts with label Criminal Injury. Show all posts
Wednesday, September 16, 2009
Wednesday, September 9, 2009
NO WIN, NO FEE: Criminal Injury Compensation Claims in UK
Criminal Injury Compensation Claims in UK
Here is something you must know about injuries resulting from crime. The criminal is not compensated, only the victim is, and he will only be compensated if it is proved that his physical or mental injury was caused by the crime. Even then, if it is proved, the victim will only be compensated if the crime happened within England, Scotland, or Wales.
And so it goes that even if you are British, you will not be compensated if the injury-causing crime happened abroad.
Unlike other types of injury claims where both sides agree on how much should be paid to the claimant, in injuries caused by crime, it is the Criminal Injury Board that sets the compensation in black and white. Your injuries must be severe because the board only has 25 compensation levels where victims are paid between GBP 1,000 to GBP 250,000. The maximum amount on a criminal injury claim, after losses and expenses, is GBP 500,000.
Qualifications for Criminal Injury Compensation Claims in UK
There are set guidelines on judging if your injury qualifies for compensation. To claim for criminal injury compensation you must have been assaulted or injured in such a way that you were severely mentally or physically damaged. The injury must be also be serious enough to qualify for the minimum award, and the crime must have happened in England, Scotland or Wales. Unlike other injury compensation claims, claiming compensation for criminal injuries can be done through the victim's own efforts without the need for a solicitor. When you make a claim, you are assigned a caseworker to work with you on finding evidence and documentation for validating your claim. However, your still need a solicitor to help you through the nitty-gritty of the compensation guidelines.
There are some things you must do first from your end before making a criminal injury compensation claim- receive medical attention and have you injuries documented, report the incident within 48 hours to the police, and apply for a claim within two years from the date of the crime. In cases where the victim died, his dependent or relative can make a claim.
Apart from physical and mental injuries, i.e., actual physical damage that injures the brain, a victim can also file a claim for mental anguish. However, again, the mental anguish must also be documented. It is easier to file a claim for certain crimes like rape, since there is already a lot of documentation on the physical and mental injuries that this crime can cause.
No Win No Fee Criminal Injury Compensation Claims in UK
If you need help in your criminal injury claims, there are many no-win, no-compensation solicitors that promise victims hefty checks on their injuries in their advertisements. Often, in order to get paid, the solicitor takes a cut in the compensation, typically 10% to 30% of the actual amount awarded.
To read more on this, click Criminal Injury Compensation Claim by Benedict Hunter
Here is something you must know about injuries resulting from crime. The criminal is not compensated, only the victim is, and he will only be compensated if it is proved that his physical or mental injury was caused by the crime. Even then, if it is proved, the victim will only be compensated if the crime happened within England, Scotland, or Wales.
And so it goes that even if you are British, you will not be compensated if the injury-causing crime happened abroad.
Unlike other types of injury claims where both sides agree on how much should be paid to the claimant, in injuries caused by crime, it is the Criminal Injury Board that sets the compensation in black and white. Your injuries must be severe because the board only has 25 compensation levels where victims are paid between GBP 1,000 to GBP 250,000. The maximum amount on a criminal injury claim, after losses and expenses, is GBP 500,000.
Qualifications for Criminal Injury Compensation Claims in UK
There are set guidelines on judging if your injury qualifies for compensation. To claim for criminal injury compensation you must have been assaulted or injured in such a way that you were severely mentally or physically damaged. The injury must be also be serious enough to qualify for the minimum award, and the crime must have happened in England, Scotland or Wales. Unlike other injury compensation claims, claiming compensation for criminal injuries can be done through the victim's own efforts without the need for a solicitor. When you make a claim, you are assigned a caseworker to work with you on finding evidence and documentation for validating your claim. However, your still need a solicitor to help you through the nitty-gritty of the compensation guidelines.
There are some things you must do first from your end before making a criminal injury compensation claim- receive medical attention and have you injuries documented, report the incident within 48 hours to the police, and apply for a claim within two years from the date of the crime. In cases where the victim died, his dependent or relative can make a claim.
Apart from physical and mental injuries, i.e., actual physical damage that injures the brain, a victim can also file a claim for mental anguish. However, again, the mental anguish must also be documented. It is easier to file a claim for certain crimes like rape, since there is already a lot of documentation on the physical and mental injuries that this crime can cause.
No Win No Fee Criminal Injury Compensation Claims in UK
If you need help in your criminal injury claims, there are many no-win, no-compensation solicitors that promise victims hefty checks on their injuries in their advertisements. Often, in order to get paid, the solicitor takes a cut in the compensation, typically 10% to 30% of the actual amount awarded.
To read more on this, click Criminal Injury Compensation Claim by Benedict Hunter
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