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Criminal Injuries Compensation Scheme Guide Published
Following sweeping changes to various areas of personal injury law and, specifically, to the Criminal Injuries Compensation Scheme, an updated guide has been published on the government’s website. The guide gives details on eligibility, how to claim, and the types of payment that can be included in a claim. Changes to the scheme now mean that claimants are not able to make a claim for minor injuries and that criminals with an unspent conviction will have their claims automatically declined.
The scheme was set up so that victims of violent crime had a last resort to claim required compensation from. The guide reiterates the point that it should be viewed solely as a last resort and not a first port of call. Victims and their solicitors should attempt to claim compensation from the guilty party and, only if this fails, should the Criminal Injuries Compensation Scheme be used in order to prevent recompense to victims of crime. With that said, the Scheme can prove highly beneficial to those victims that are not able to locate, identify, or claim from the offending party.
In order to be eligible to claim via the Scheme it is necessary for the claimant to prove that they were the direct victim of a crime. They must also be able to show that they were not responsible for the crime and that the crime was reported to police. It is necessary to show that injury, either physical or mental, was sustained as a result of the crime and that all other avenues of recompense have been fully exhausted.
It is necessary for claimants to bring their case within a period of two years of the incident occurring. However, there are exceptions to this statute so if it was not possible to claim within this period then it may still be possible to seek compensation from the scheme. A lack of knowledge of the scheme may not be considered an exceptional circumstance which means that this will not usually be a defence for claiming beyond the two year statute.
There are a number of different types of claim which may be made and the compensation awarded may be made up of injury payments, loss of earnings, special expenses, bereavement payments, dependency payments, and funeral payments. The Court will determine the extent of an injury and award injury compensation between £1,000 and £250,000. For those injuries considered minor enough that compensation is less than £1,000, no compensation will be awarded.
One of the major changes introduced to the scheme at the end of last year saw those with unspent criminal convictions having their applications rejected automatically. It is also possible that people with a criminal record may have their compensation payments reduced. Furthermore, minor injuries are no longer covered by the Scheme; the latter has proven to be an unpopular move. Critics have pointed out that even minor injuries can lead to long term psychological effects. The minimum injury payment is now set at £1,000 as a result of this change.
You can download a copy of the new CICA guidance by clicking here or call us on 0800 988 9055 or you can send us an email by clicking here.
About The Author
Mike Topper is the litigation manager at Stocks Legal Personal Injury Solicitors. Mike is highly experienced in all types of personal injury cases. He is highly focussed on client care and getting the maximum compensation that is available for his clients and their families. He rightly sees personal injury claims as a real must for the English legal System as without a proper compensation structure, many injury people can be left with no support or ongoing medical treatment.
If you have any questions arising from this article to can contact Mike by calling 0800 988 9055 or by sending him an email by clicking here.
