Criminal Injury Compensation Claim

Here is something you must know about injuries resulting from crime. The criminal is not compensated, only the victim is, and he will only be compensated if it is proved that his physical or mental injury was caused by the crime. Even then, if it is proved, the victim will only be compensated if the crime happened within England, Scotland, or Wales.

And so it goes that even if you are British, you will not be compensated if the injury-causing crime happened abroad.

Unlike other types of injury claims where both sides agree on how much should be paid to the claimant, in injuries caused by crime, it is the Criminal Injury Board that sets the compensation in black and white. Your injuries must be severe because the board only has 25 compensation levels where victims are paid between GBP 1,000 to GBP 250,000. The maximum amount on a criminal injury claim, after losses and expenses, is GBP 500,000.

There are set guidelines on judging if your injury qualifies for compensation. To claim for criminal injury compensation you must have been assaulted or injured in such a way that you were severely mentally or physically damaged. The injury must be also be serious enough to qualify for the minimum award, and the crime must have happened in England, Scotland or Wales. Unlike other injury compensation claims, claiming compensation for criminal injuries can be done through the victim's own efforts without the need for a solicitor. When you make a claim, you are assigned a caseworker to work with you on finding evidence and documentation for validating your claim. However, your still need a solicitor to help you through the nitty-gritty of the compensation guidelines.

There are some things you must do first from your end before making a criminal injury compensation claim- receive medical attention and have you injuries documented, report the incident within 48 hours to the police, and apply for a claim within two years from the date of the crime. In cases where the victim died, his dependent or relative can make a claim.

Apart from physical and mental injuries, i.e., actual physical damage that injures the brain, a victim can also file a claim for mental anguish. However, again, the mental anguish must also be documented. It is easier to file a claim for certain crimes like rape, since there is already a lot of documentation on the physical and mental injuries that this crime can cause.

If you need help in your criminal injury claims, there are many no-win, no-compensation solicitors that promise victims hefty checks on their injuries in their advertisements. Often, in order to get paid, the solicitor takes a cut in the compensation, typically 10% to 30% of the actual amount awarded.

You cannot claim compensation for crime-related injuries if your injuries happened August 1, 1964. You also cannot make a claim if you already claimed compensation for the same crime under another compensation scheme in England. You also cannot make a claim for criminal injuries by family members for crimes that happened before October 1, 1979.