Common questions
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When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.
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No, most claims for sexual offences can be settled without medical reports. Claims for physical injuries can be settled using your medical records from your own doctors.
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Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.
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No, if the police investigation does not result in a conviction, or the alleged perpetrator is not convicted this does not necessarily mean you cannot claim compensation.
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You can contact us through our contact form or call us on 0113 320 5000.
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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.
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There is no time limit in relation to the criminal prosecution of sexual offences. Criminal charges may and often are brought many years after the event. We would always encourage anyone who has suffered a sexual assault, particularly in rape cases, where there may be DNA evidence, to report the matter to the police immediately or as soon as they are able to.
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The duration of a CICA claim can vary, but on average, it takes between 12 to 18 months to settle. Some claims may be resolved more quickly if the police investigation is complete and all necessary medical evidence is available and up-to-date. For more specific information on the timeline of your claim, consult with our knowledgeable CICA claim solicitors at Winston Solicitors.
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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.
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Rape awards are at the upper end of the tariff awards for sexual assaults. The actual award depends on whether it was a single incident and if several incidents over what period the assaults occurred. There can also be a higher award where the rape has caused a psychological injury and also an additional sum if you have had no or limited capacity for work because of the psychological injury.
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The compensation for assault in the UK varies widely depending on the severity of the injuries. The Criminal Injuries Compensation Authority (CICA) sets tariffs for different injuries, with awards ranging from a minimum of £1,000 to a maximum of £250,000. Factors such as the nature and extent of the injuries, and any lasting impact, are considered. For precise guidance and an assessment of your case, contact our experienced team at Winston Solicitors.
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Compensation for domestic abuse claims depends on the frequency and severity of the assaults. The CICA provides awards based on the physical and psychological injuries sustained, with amounts varying accordingly. Typical awards can range from £1,000 to a maximum of £250,000. For detailed advice and to understand your potential compensation, reach out to our dedicated domestic abuse claim experts at Winston Solicitors.
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We work for you on a no win no fee basis. The legal term for this agreement is known as a Contingency Fee Agreement. It essentially means that if for whatever reason your claim is not successful, providing the information you provide to us is true to the best of your knowledge and the failure is not your fault, you do not pay anything to us. In the event that your claim is successful we will deduct a fixed fee of your overall compensation amount. If you are successful, the minimum award available under the CICA scheme is £1000.00, meaning £250.00 + VAT would be deducted in respect of legal costs.
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The CICA will make awards for the three most serious injuries you have suffered, and in doing so, awards will be made on a staggered scale. Your most severe injury, or the one which would attract the highest award of compensation will be awarded to you at 100%, your second most severe injury will be awarded at 30% and your third injury will be awarded at 15%. Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
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Yes, groping amounts to sexual assault and is also considered to be a crime of violence under the CICA scheme. Any unwanted, non consensual touching can amount to an assault.
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Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.
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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.
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If the police investigate the crime and there is not enough evidence for them to refer the case to the CPS for a charging decision, then it is unlikely compensation would be awarded due to a lack of evidence.
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You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.
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There are cases where the perpetrator is deemed unfit to stand trial, or the court decides part way through the trial that they are too ill to be tried. You would still be able to claim compensation.
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The CICA offer awards for the most significant injuries including:
- Facial fractures
- Internal injuries
- Fractured or dislocated limbs
- Significant scarring
- Psychological injuries
- Sexual assaults
Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:
- broken noses
- fractured ribs
- widespread bruising
Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
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A physical attack or any other act or omission of a violent nature which causes physical injury to a person; or a threat against a person, causing fear of immediate violence; a sexual assault or arson.
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Non recent abuse is another term for historic abuse, and it is usually used to mean abuse which took place in childhood, when the person involved in now over 18.
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The Criminal Injuries Compensation Authority (CICA) are a Government funded organisation set up to compensate innocent victims of violent crime. The intention of their payments is to act as a gesture of public sympathy for people suffering as a result of being an innocent victim of crime.