CICA Compensation for Injuries Caused by Knife Stabbings
It is important to recognise that whilst a Stabbing would be defined as a crime of violence under the CICA scheme, simply because one has sustained a stab wound, does not automatically entitle to them to compensation.
The CICA pay compensation for scarring, internal injuries, tendon or ligament damage and fractures associated with stabbings. It may also be possible to claim for psychological trauma if this has been diagnosed by a psychiatrist or clinical psychologist.
If you have a stab wound that has healed well with no appreciable scarring or other associated injury – it is unlikely you will be able to claim for the act of stabbing alone.
What other factors do the CICA consider when making awards for Stabbing injuries?
As with all other claims, the CICA will consider the conduct, cooperation and convictions of a victim before deciding whether compensation can be made. This means you must be the innocent victim and not have contributed to the assault/incident in any way; the crime must have been reported to the police as soon as reasonably practicable and you must have cooperated with the police investigation. Your own criminal convictions, should you have any, must be spent.
How long do stabbing injury cases take?
The CICA has no set timescales. Using a CICA expert can help you progress more effectively though the process. There are a number of outside organisations which we must rely upon for providing the evidence to support your case, namely the police and medical agencies.
The main delay we sometimes see in stabbing cases, is the CPS deciding whether to prosecute. If they do, then the police report is not normally released until after the trial. This can delay your compensation by a number of months. However, do not wait until the trial before making a claim, as you could end up being out of time.
The CICA scheme states that an application should be submitted to the Authority as soon as reasonably practical and therefore we advise you not to wait to make your claim.
For more information please call Winston Solicitors CICA Helpline on 0113 320 5000 or email cica@winstonsolicitors.co.uk to find out more about our CICA services.
The CICA offer awards between £1000 and £250,000 for injuries sustained as a result of a crime of violence. There is also an opportunity to claim up to an additional £250,000 in Loss of Earnings and Special Expenses, funeral expenses and Child Dependency payments. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
The CICA require evidence to show that on “balance of probability” you have been the innocent victim of a crime of violence; therefore so long as the police were satisfied that you were the innocent victim of a crime of violence, this should be sufficient for the CICA to consider your application.
This will depend on the circumstances of your injury; however, as a general rule; you have 2 years from the date of the incident to submit an application*. If you are under the age of 18 (or were under the age of 18) when the matter was reported to the police, then you have 2 years from the date of your 18th Birthday. If the criminal injury occurred whilst you were under the age of 18, but the matter was reported to the police as an adult, you have two years from the date the matter was reported to the police.
*There are exceptional circumstances where these time limits can be waived.