Page 43 - Real Rochdale Issue 20 Winter 2023
P. 43

victims of crime








                    MOLESWORTHS BRIGHT CLEGG’s personal injury team reflect on government help
                    to compensate blameless victims of violent crime.



           The Criminal Injuries Compensation Scheme (‘CICS’) is a UK government-funded programme.
           It provides compensation to blameless victims of physical or psychological injuries as a result
           of violent crime. It is administered by the Criminal Injuries Compensation Authority (‘CICA’), an
           executive agency of the UK government.




           Eligibility                                         •  Award is based on a tariff of injuries
                                                                  which outlines specific amounts based on
           •  Direct victim of a violent crime in                 type and degree of injuries.
              England, Wales or Scotland (separate
              scheme for Northern Ireland).                    Why you need a lawyer

           •  Not to blame for the incident.                   •  Statistically, just under 50% of claims
                                                                  are refused. Such decisions can often
           •  Claim made within two years of the                  be challenged and turned around with
              incident occurring (note exceptions e.g.,           specialist legal assistance.
              child abuse).
                                                               •  It’s important to know how CICA operate
           •  Crime reported to the police as soon as             and to know how to challenge refusals
              reasonably possible.                                of awards, long delays and low offers of
                                                                  compensation.
           •  Injury sustained whilst taking an
              ‘exceptional and justified risk’, while          •  Criminal Injury Compensation law can
              trying to remedy or prevent a crime.                be difficult and complex, particularly
                                                                  when victims are dealing with personal
           •  Mental injury as a result of witnessing             trauma and may not have the skill, time
              or being involved in the immediate                  or confidence to challenge any decisions
              aftermath of an incident in which a loved           reached.
              one is injured; or
                                                               •  A recent independent study found that
           •  Qualifying relative of a victim who has             victims of crime can receive far bigger
              died from injuries caused by a crime of             compensation payouts if they challenge
              violence.                                           CICA decisions.


           Injuries and awards                                 •  In the 379 cases which reached appeal
                                                                  in 2022/23, an average payout of £7,848
           •  Compensation can be awarded for                     had been offered per claim. At appeal
              injuries sustained in assaults, sexual              the CICA’s offer in these cases increased
              assaults, and other acts of violence.               to an average of £47,339, showing an
                                                                  increase of 600% per person.
           •  Compensation for losses can include pain
              and suffering, loss of earnings, medical         •  It is always worth consulting an expert
              expenses.                                           in this area to take you through a
                                                                  challenging time and difficult situation.

 REAL ROCHDALE - WINTER 2023  42                           43                     REAL ROCHDALE - WINTER 2023
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