We previously wrote a blog about criminal injury claims and the Criminal Injuries Compensation Authority (CICA). It explained the role of the CICA and the process of making a claim. In this blog, we will concentrate on the amount of criminal injury compensation available for the most common injuries.
Could I be entitled to claim for my injury?
Victims who have experienced physical or mental harm following a crime may have a legitimate personal injury claim. If the victim has been unable to work as a consequence of criminal injury, then they may also claim for loss of earnings. There may also be a claim for special expenses payments, which cover expenses that have arisen in the aftermath of injury.
Bereavement claims may be made by any relatives of a victim who has died as the result of criminal injury. The total amount available is currently £11,000.00. Bereaved relatives may also be able to claim for funeral payments, loss of parental services and financial dependency.
What level of criminal injury compensation can I expect to receive?
We are frequently contacted by people who have sustained facial injuries following road rage incidents and pub fights, for example. The below provides a breakdown of different facial injuries and details possible entitlements for victims:
- Serious eye injuries
- one eye – £1,000.00
- both eyes – £4,600.00
- Facial injuries
- Permanent jaw clicking – £3,500.00
- Dislocated jaw resulting in disability – £3,500.00
- Dental damage
- Damage to front teeth requiring a crown(s) – £1,000.00
- Loss of one front tooth – £1,500.00
- Losing more than one front tooth – £3,500.00
- Loss of two or more teeth (other than front) – £1,500.00
- Nose injuries
- Impairment of smell and/ or taste – £3,500.00
- Brain/skull injuries
- Minor fracture (no operation required) – £1,000.00
- Minor fracture (operation required) – £3,500.00
- Where a victim has sustained severe brain damage, they could be awarded anywhere between £175,000.00 and £250,000.00, if they require full-time nursing care and have no signs of physical movement.
What might impact the award?
It is important to note that criminal injury compensation does not relate to the type of crime committed. Instead the CICA will examine the impact of the injuries from a physical and psychological perspective.
If the victim has not assisted the police in the prosecution of the assailant, then the CICA may not issue an award. Further, if the victim holds a criminal record, the total sum may be decreased or even refused completely.
What about victims of historic and sexual abuse?
Due to the obvious distressing nature of the crime, victims of historic and sexual abuse can find it difficult to come forward to make a claim. In most cases there is a time limit of two years for making a claim, but this may be reconsidered if there is good reason to change it. Likewise, the two-year time limit does not apply if the victim is under 18.
If the abuse has taken place over a prolonged period of time, the victim can expect to receive a higher level of compensation. Compensation for prolonged abuse can range from £6,600.00 – £8,200.00. Compensation could be as high as £22,000.00 where the victim has suffered serious internal injuries and £44,000.00 if serious mental illness has been inflicted.