Individuals who have suffered as the result of a violent crime, may be entitled to make criminal injury compensation claims, but it is necessary to prove that any injuries are the direct result of apprehending an offender, remedying the consequences of a crime, preventing a crime from occurring, assisting a person who is trying to prevent a crime or to help a victim of a crime. It may also be possible to claim compensation if the injury occurred whilst witnessing a crime.
Apart from the fact that the injury you have suffered must result from an act of violence, in order to be entitled to claim compensation you have to prove that you were a citizen or a resident in the UK, a national of a member state of the European Union or a close relative of someone who was, on the date of the incident.
The advocates we have working at the Accident Advice Helpline will advise you of another important aspect; you have to make your application for criminal injury compensation within two years of the incident that caused your injury. Applications outside this timeframe are accepted only if you can demonstrate that exceptional circumstances prevented you from filing the claim earlier. Further, you may receive compensation even if the offender is not convicted of or charged with the crime that caused your injury.
Unfortunately, you will not be compensated for your injury if you have omitted to report the incident to the police or if the act of violence and the injury you sustained occurred outside the UK. Various other factors that may prevent you from receiving compensation include your behaviour during the incident, your criminal record and failure to co-operate with the police.
If you have already applied for compensation for the same criminal injury under a different scheme, it is very important to inform your solicitor. Making criminal injury compensation claims for the same incident, under different schemes, can lead to prosecution for attempted fraud.
Types of payments you may be entitled to receive
If the court decides to offer you an award for the injury you have suffered, you may receive compensation payments for various aspects of the claim, such as injury, special expenses, loss of earnings, children, dependency and in fatal cases, bereavement. The maximum award you may receive for one or more criminal injuries directly attributable to a crime of violence is £500,000. Depending on the particularities of your case, specific reductions may apply. However, if you are the victim of an act of violence, you can expect to receive the highest amount payable. If your injury leads to the exacerbation of a pre-existing condition the settlement will include a supplementary award in relation to the degree of exacerbation.
Applying for compensation
At the Accident Advice Helpline, we are ready to help ensure you receive the compensation you deserve for the injuries you have suffered as a result of an act of violence. One of our experts in criminal injury compensation claims will assist you in filling out and submitting the necessary documents to the defendant or to the Criminal Injuries Compensation Authority immediately after you contact us. This will allow you not only to get the compensation you deserve, but also to receive it as quickly as possible.
Date Published: October 12, 2013
Author: David Brown