Challenging a Criminal Injuries Compensation decision
When victims of crime apply for compensation through the Criminal Injuries Compensation Scheme (CICS), they may receive an initial award based on their injuries and the circumstances of their case. However, what many people don’t realise is that this Initial Decision is rarely the final word on the matter. In fact, statistics show that appealing a decision—particularly with the help of a Solicitor—can result in substantially higher awards.
The Appeal Process: More than a second chance
The CICS provides a structured process for reviewing compensation awards. After receiving an Initial Decision, victims have the right to request a Review Decision. If this still seems unsatisfactory, they can proceed with a formal Appeal to the Criminal Injuries Compensation Tribunal. It is at this stage that applicants are most likely to see a significant increase in their compensation.
Studies and official data confirm that appealing a decision, especially with the support of a Solicitor, leads to higher awards in a large proportion of cases. According to recent data from the Criminal Injuries Compensation Authority (CICA), around 40% of review decisions are revised in favour of the applicant, resulting in higher awards. Even more striking, those who escalate to an appeal tribunal have a success rate of over 60%, often seeing their initial award increase by three to five times.
For example:
- In a review of CICA appeals, victims who appealed to the Tribunal received increases averaging between 2 to 4 times their initial awards, particularly in cases involving long-term psychological trauma and serious injuries.
- In cases where Solicitors assisted in the appeal process, the success rate of receiving a higher award is even more significant. Data shows that Solicitor-assisted appeals tend to result in increases of 200% to 400% over the initial decision.
Why do appeal decisions result in higher awards?
There are several reasons why applicants frequently receive more compensation after an appeal:
- Greater scrutiny of the evidence
The appeal process allows for a deeper investigation into the circumstances of the injuries sustained. Often, this includes updated medical reports, expert testimonies, and other evidence that may not have been available or fully considered at the initial stage. - Complex injuries require expert analysis
Solicitors experienced in the CICS know how to navigate the system and highlight the long-term effects of injuries. They ensure that psychological trauma and ongoing health issues are fully documented and presented, leading to higher awards for ongoing care or lost earnings. - Solicitors understand the legal framework
The Criminal Injuries Compensation Scheme operates under strict guidelines, and not every applicant is fully aware of their entitlements. A Solicitor specialising in this area can identify areas where the initial decision fell short or failed to account for all compensable factors. - Improved documentation and case presentation
With the help of a Solicitor, an applicant’s case is typically presented in a much more thorough and professional manner during an appeal. Lawyers can also challenge decisions where the initial award was based on incomplete or incorrect assessments.
The role of Solicitors in maximising compensation
Navigating the Criminal Injuries Compensation Scheme can be overwhelming, particularly for those who are already dealing with the aftermath of a traumatic event. This is why it’s critical to seek professional advice when considering an appeal. Solicitors play a crucial role in:
- Identifying under-compensation: Solicitors can quickly assess whether the initial or review decision underestimates the impact of the crime on the victim’s life.
- Guiding clients through complex processes: The legal jargon and technicalities involved in appeals can be daunting. Solicitors help ensure all paperwork is submitted correctly and on time.
- Engaging with medical experts: By working closely with medical professionals, Solicitors gather the evidence needed to show the full extent of the victim’s injuries, both physical and psychological.
The bottom line: Don’t settle for less
While it may be tempting to accept an initial decision just to bring closure to a painful situation, victims of crime should be aware that appealing their award can lead to significantly more compensation. With the expertise of a Solicitor, applicants can navigate the system with confidence, knowing that their case is being handled professionally and with their best interests in mind.
At GLP Solicitors, we have extensive experience helping victims secure the compensation they deserve. Our team regularly assists clients in receiving several times more than their initial award through the appeal process. If you’ve been a victim of crime and are dissatisfied with your CICS decision, we offer free initial advice on how to proceed with your appeal.
Contact us today to learn more about how we can help you get the compensation you’re entitled to.
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