Hi, Iâm Adam Cresswell. I am a Criminal Injury Claim Legal Specialist.Â If you have suffered a criminal injury then please call me to have a Free No Obligation Chat. I work on a No Win No Fee Basis so it will not cost you a penny to make a claim. I will work hard and fight for you to make sure that your claim is successful and see that you get the maximum amount of compensation that you are entitled to.
Please call me to have a free, no obligation chat about any Accident Claims on 0800 3 10 11 12 or contact us.
CAN YOU MAKE A CLAIM?
If you have been involved in an incident or accident where you have been the victim of a crime and have suffered injury then you have a right to make a criminal injury claim and be compensated for any resulting injury and some other losses by making a criminal injury claim. A legal framework exists to help you to obtain compensation for the criminal injury claim but you will need assistance to take advantage of it to ensure you receive the maximum compensation for your criminal injury claim. There are three main ways of pursuing a criminal injury claim if you have been the victim of a crime and suffered injury:-
1. Criminal Compensation Order
2. Civil Damages Claim
3. Criminal Injuries Compensation Authority Claim
CRIMINAL COMPENSATION ORDER
If a criminal is convicted of a criminal offence the court can order the offender to pay compensation of up to Â£5,000 for a criminal injury claim. The court is under a duty to consider whether to award compensation and must state reasons if an order is not made. The court must have evidence of the victimâs injuries to give compensation. Often the Criminal Court award compensation at very low levels usually because the offender has little or no financial assets to pay any award made.
CIVIL DAMAGES CLAIM
A victim of violence has the right to make a criminal injury claim and to sue for compensation for assault in the normal Civil Courts. This is rarely done because again most offenders have few or no financial assets to compensate for the criminal injury claim and also do not have any insurance cover in place to pay any award made for a criminal injury claim.
The Criminal Injuries Compensation Authority is a body that is funded by the government to pay compensation to victims of violence or for the apprehension of an offender. They process applications and make awards for a criminal injury claim.
HOW TO OBTAIN A SUCCESSFUL CICA CLAIM
There are various key factors that apply when making a CICA claim:
1. The incident can be for any crime even a minor assault
2. The incident must have been reported to the police
3. The value of the injuries for the criminal injury claim must be over Â£1,000
4. The claim must be made within two years of the incident
5. Road Traffic Offences are excluded and do not fall under criminal injury claim
6. Damages for loss of property are excluded and do not fall under criminal injury claim
7. The victim must not have provoked the attacker or caused the crime to succeed with the criminal injury claim
8. The victim should not have any previous convictions or be of a dubious character
9. The compensation award will be based on a fixed tariff
10. A victim of violence in a family will receive criminal injury claim compensation so long as the offender will not benefit from any award.
HOW TO MAKE A CICA CLAIM
An application form can be obtained and completed to bring a claim. The CICA will investigate and collect the necessary evidence and eventually make a decision whether a claim can be made. If the applicant is not happy with the decision as to whether a claim can be pursued, it can be reviewed and appealed against. It is often useful to use a firm of Solicitors who specialise in dealing with these types of claims to ensure the best result.
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We at Law for Life have created a number of straight-talking, simple guides to help you tackle your own legal problems. Our guides are provided for information purposes only and the content contained within does not constitute full legal advice specific to your particular circumstances.
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