Criminal Injuries Compensation Amounts
Overview
In 1994 the criminal injuries compensation scheme was set up as a method of providing financial compensation for people who have been injured as a result of an act of crime or violence, initially being called The Criminal Injuries Compensation Board.
You are always entitled to sue in court a person who has criminally injured you in a civil court and legal fees would be payable. However, it is very unlikely your case would be successful if the person has no money or assets. The criminal court may order an amount of compensation to be paid if the offender is convicted but this is often a small sum of money. Therefore, you should seek specialist advice from a criminal injury solicitor.
Benefit of the scheme
The main advantage of the scheme is that it is funded from money set aside by the Government; therefore, compensation will be available if your claim meets certain requirements.
The scheme for criminal injuries compensation covers a very broad range of possible claims, including domestic violence, assault, psychological damage, sexual assault and child abuse.
Relatives and partners of the victim may also be eligible to make a claim for compensation if they themselves have become depressed, or suffered any psychological damage as a result of what has happened to their loved one. Relatives and cohabiters may make a claim is respect of the death of their relative or partner.
A criminal injury solicitor will also take into account any financial loss you have suffered or any medical expenses that you have incurred.
Compensation Tariff
The scheme for criminal injuries compensation consists of a ten page long tariff of injuries which sets out a list of injuries which commonly occur in the course of a violent crime.
Each listed injury has a standard compensation amount, and medical reports will be obtained to find out the severity of your most serious injuries. If you have suffered more than one injury, you will be awarded the ‘multiple injuries scheme'. You will get the full amount for the most serious injury, then 30% of the tariff amount for the second most serious injury and 15% of the tariff amount for the third most serious injury.
Minor injuries such as grazing, bruising, and black eyes can also attract compensation, providing there are at least three separate injuries with at least one of which has had significant residual effects lasting six weeks after the incident and have necessitated at least two visits to a doctor during those six weeks.
A criminal injury solicitor will also be able to access whether you are eligible to any compensation for any time taken off work. In some circumstances, the scheme can award compensation over and above the basic award to compensate for this. Awards can be made for loss of wages and pension rights. Not all losses of this sort are covered. Loss of earnings within the first 28 weeks of the injury are not covered at all. If you are still suffering any financial loss, then an award can be made, providing you fit the criteria. You can be paid for any actual losses incurred after the first 28 weeks. If losses look set to continue for the foreseeable future, an additional sum can be paid. The way in which it is calculated is quite technical but your solicitor will establish how much you are likely to lose each year and then, using medical reports, assess for how many years loss are going to carry on running.
Even if you did not have a job at the time of the crime, if the injury has prevented you from being able to seek employment, similar calculation can be carried out to compensate you for the loss of future prospects of employment.
Awards can also be made to cover the cost of any NHS or private health care treatment and also for any special equipment and adaptations to the claimant's home.
There are other losses you may be able to claim for called special losses for care, adaptations to the home. Your criminal injury solicitor will discuss your eligibility for this if required
Questions and Answers
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