Domestic Violence Claims

Domestic Violence Compensation

The rules of the CICA scheme necessitate that the victim demonstrate they are blameless and that the assailant cannot profit from any financial compensation awarded. Consequently, claims may be rejected if the abuse occurred within a relationship, and the victim choses to remain with the perpetrator. 

Domestic Violence Claims

The CICA scheme outlines the criteria for determining eligibility for compensation.

Notably, the most recent version of the scheme, updated in 2012, specifically addresses domestic violence claims. Compensation tariffs ranging from £2,000 to £8,200 are outlined, depending on the severity of physical injury sustained. Additionally, there is a distinct section addressing abuse suffered by children.

Why use a domestic violence solicitor to help make a domestic abuse claim?

Using a domestic violence solicitor to assist with making a domestic abuse claim can be highly beneficial for several reasons.

The CICA scrutinises domestic violence and abuse claims meticulously, assessing each incident and considering whether it forms part of a broader pattern of abuse over time. They also evaluate the victim’s cooperation with the police during the investigation process. In essence, the CICA’s focus is not solely on sympathizing with the victim but rather on determining the eligibility of the claim.

Domestic Violence Claims

Domestic Violence Claims

An experienced solicitor specialising in domestic violence cases can provide invaluable guidance on why the CICA requests specific information and how to present the case effectively to increase the likelihood of a successful settlement and expedite the process.

Our experts are dedicated to ensuring that your claim is submitted optimally from the outset to maximise your chances of success.

Frequently Asked Questions:

Our experience tells us of the importance of engaging a solicitor from the outset to enhance the overall success of your claim. The CICA does not assign a solicitor to applicants and you do have the option to apply directly. However, without a thorough understanding of the scheme, we often observe applicants encountering difficulties and obstacles throughout the process. By entrusting your case to GLP Solicitors, you benefit from specialised guidance from our team of Criminal Injury Lawyers. We provide comprehensive representation throughout your claim, including assistance during the Review and Appeal stages if necessary. Our priority is to ensure that you receive the maximum compensation for your injuries, encompassing loss of earnings and special expenses where applicable.

To qualify for compensation for your injuries, it’s essential to cooperate with the police when they ask whether you wish to press charges against your assailant. The Criminal Injury Scheme requires all applicants to reasonably assist in bringing their assailant to justice. Consequently, any reluctance to aid the Police in securing a prosecution may lead to your claim being rejected by the CICA.

The timeline for a CICA claim can fluctuate, typically spanning from 12 to 18 months on average to reach resolution for the more straightforward of cases. Expedited settlements may occur in cases where the police investigation concludes swiftly and comprehensive medical evidence is readily accessible. For tailored insights into the timeline of your claim, we encourage you to seek guidance from our experienced CICA claim solicitors. They can provide detailed information relevant to your specific circumstances.

You generally have two years from the date of the incident to make a CICA claim. However, there can be exceptions to this timeframe in certain circumstances. 

If you were under 18 years old when the incident was reported to the police, you have two years from the date of your 18th birthday to make a claim. However, if the criminal injury occurred while you were under 18, but the matter was reported to the police after you turned 18, you still have two years from the date the incident was reported to make your claim.

It’s advisable to seek guidance from a solicitor specialising in CICA claims to ensure you meet all necessary deadlines and requirements.

Yes, you can still submit a CICA (Criminal Injuries Compensation Authority) claim even if your assailant was not convicted. The CICA operates independently of the criminal justice system, so the outcome of any criminal proceedings does not directly impact your eligibility to claim compensation. However, you must report the incident to the police promptly and cooperate with their investigation to the best of your ability. The CICA will assess your claim based on its own criteria, which include whether you were the victim of a violent crime and the severity of your injuries. It’s advisable to seek guidance from a solicitor specialising in CICA claims to understand your options and ensure your claim is properly prepared.

Yes, you can still potentially claim compensation from the Criminal Injuries Compensation Authority (CICA) even if the assailant has died. The CICA operates independently of the criminal justice system, and the status of the assailant does not affect your eligibility to claim compensation.

However, you must meet the eligibility criteria set by the CICA, which includes reporting the incident to the police promptly and cooperating with their investigation to the best of your ability. The CICA will assess your claim based on its own criteria, including whether you were the victim of a violent crime and the severity of your injuries.

While the assailant’s death may impact other legal proceedings or avenues for seeking compensation, it does not necessarily prevent you from making a claim through the CICA. It’s important to consult with a solicitor experienced in CICA claims to understand your rights and options for compensation based on your specific circumstances. GLP can help you navigate the claims process and ensure that you meet all necessary requirements and deadlines.

Yes, you can potentially claim compensation for historic abuse through the Criminal Injuries Compensation Authority (CICA). The CICA recognises that victims of historic abuse may experience long-lasting physical and psychological harm as a result of the abuse they suffered.

However, there are specific eligibility criteria and time limits that may apply to historic abuse claims. Generally, you must report the abuse to the police as soon as reasonably practicable and cooperate with their investigation to the best of your ability. Additionally, there may be limitations on the time frame within which you can make a claim for historic abuse.

It’s important to seek guidance from a solicitor experienced in CICA claims to understand your rights and options for compensation based on your specific circumstances. GLP can help you navigate the claims process and ensure that you meet all necessary requirements and deadlines.

Yes, you can still potentially claim compensation from the Criminal Injuries Compensation Authority (CICA) as an adult if you were injured as a child due to a violent crime. The CICA recognises that some injuries sustained during childhood may have long-lasting effects that continue into adulthood.

However, there are specific time limits and eligibility criteria that may apply depending on when the incident occurred and when you choose to make a claim. For example, if you were under 18 years old when the incident occurred, you may have two years from the date of your 18th birthday to make a claim. Additionally, if the criminal injury occurred while you were under 18 but was reported to the police after you turned 18, you still have two years from the date the incident was reported to make your claim.

It’s important to consult with a solicitor experienced in CICA claims to understand your rights and options for compensation based on your specific circumstances. GLP can guide you through the claims process and help ensure that you meet all necessary requirements and deadlines.

No, you do not have to wait for the outcome of a police investigation or court case to submit a claim to the Criminal Injuries Compensation Authority (CICA). However, it is not uncommon for the Police or prosecution authority to request that you await the outcome of criminal proceedings. If you are asked to wait, try to get the request in writing or by email with a specific reason why. We would normally advise to submit your application to the CICA, and to ask them to pause your application for the reasons set out in your email/letter.  

You can, and should, start the process of making a claim with the CICA independently of any criminal proceedings.  

However, it’s essential to report the incident to the police as soon as possible and cooperate with their investigation to the best of your ability. Prompt reporting and cooperation with law enforcement can strengthen your claim with the CICA and help provide the necessary evidence to support your case.

While the outcome of any criminal proceedings may be relevant to your CICA claim, it is not a requirement for initiating the compensation process. The CICA will assess your claim based on its own criteria, including whether you were the victim of a violent crime and the severity of your injuries, regardless of the outcome of any criminal proceedings.

Criminal Injuries Compensation Authority (CICA) compensation is funded by the UK government through the Ministry of Justice. It is not paid by the assailant or through their assets.

As for whether the assailant will know about the compensation, typically, they would not be directly informed about it. The compensation process is independent of any criminal proceedings against the assailant. However, it’s essential to note that in some cases, details of the compensation claim could become known to the assailant if legal proceedings or investigations involve disclosure of such information.

Additionally, it’s worth noting that compensation claims made through the CICA are not reliant on the assailant’s financial status or ability to pay. The purpose of the compensation is to provide support and assistance to victims of violent crime, regardless of whether the assailant is identified, prosecuted, or able to pay damages.

We will never tell the assailant about your claim or the outcome.

Yes, you can still potentially claim compensation from the Criminal Injuries Compensation Authority (CICA) even if your assailant was not convicted. The CICA operates independently of the criminal justice system, and its decision to award compensation is not dependent on whether the assailant is convicted or prosecuted.

However, you must meet the eligibility criteria set by the CICA, which includes reporting the incident to the police promptly and cooperating with their investigation to the best of your ability. The CICA will assess your claim based on its own criteria, including whether you were the victim of a violent crime and the severity of your injuries.

While a conviction may strengthen your claim, it is not a requirement for compensation from the CICA. It’s important to gather any available evidence to support your claim, such as medical records, witness statements, and police reports. Consulting with a solicitor experienced in CICA claims can help you understand your rights and navigate the claims process effectively.

The time frame for reporting a crime or pressing charges can vary depending on the specific circumstances of the incident. In general, it’s advisable to report a crime to the police as soon as possible after it occurs. Prompt reporting can help law enforcement gather evidence, identify suspects, and ensure that appropriate action is taken to investigate and address the crime.

However, statutes of limitations, which vary by type of crime, may impose deadlines for when charges can be filed. In some cases, particularly for serious offenses, there may be no time limit for pressing charges. It’s important to consult with a legal professional to understand the specific time limits that apply in your situation.

For victims seeking compensation through organisations like the Criminal Injuries Compensation Authority (CICA), timely reporting to the police is typically a requirement. The CICA expects victims to report the crime as soon as reasonably practicable and to cooperate with law enforcement investigations.

Overall, while there may not be a strict deadline for reporting a crime or pressing charges in all cases, swift action can enhance the likelihood of a successful investigation and prosecution, and it may also be necessary to meet certain legal requirements for seeking compensation or other remedies.

Yes, you can claim for mental health injuries under the Criminal Injuries Compensation scheme if they are a result of a violent crime. Mental health injuries can include conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological trauma resulting from the violent incident. The CICA recognises the impact of such injuries on victims and considers them eligible for compensation, along with physical injuries, as long as they meet the criteria set by the authority. It’s essential to provide evidence and documentation supporting your mental health injuries as part of your claim. Consulting with a solicitor experienced in CICA claims can help you navigate the process and ensure you receive the compensation you deserve for your mental health injuries.

You can typically claim compensation for various types of injuries resulting from violent crimes, including physical and psychological harm. Here are some examples of injuries for which you may be eligible to claim compensation through the CICA (Criminal Injuries Compensation Authority):

  • Physical Injuries:
    1. Broken bones
    1. Cuts and bruises
    1. Burns
    1. Internal injuries
    1. Scarring and disfigurement
  • Psychological Injuries:
    1. Post-Traumatic Stress Disorder (PTSD)
    1. Anxiety
    1. Depression
    1. Emotional trauma
  • Sexual Assault Injuries:
    1. Injuries sustained during a sexual assault, including physical trauma and psychological harm
  • Rape:
    1. The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Injuries from Sexual abuse, including historic childhood abuse

It’s important to note that each case is unique, and the specific injuries for which you can claim compensation may vary depending on the circumstances of the incident. Additionally, eligibility criteria and compensation amounts are determined by the CICA based on their guidelines and assessment of your claim. Consulting with a solicitor specialising in CICA claims can help you understand your rights and options for compensation based on your specific situation.

Other types of claim:

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