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Criminal Injury Compensation In Scotland
A criminal assault can change your life in a moment. If you were hurt after a physical or sexual assault, you may be able to claim criminal injury compensation Scotland through CICA.
We guide victims of violent crime through criminal injury claims Scotland with calm, clear support at each step. Our panel of solicitors explains eligibility, the application process, and what medical and police evidence you will usually need.
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What Is Criminal Injuries Compensation Authority (CICA)?
CICA, the Criminal Injuries Compensation Authority, is a government body that pays compensation to innocent victims of violent crime. It covers people injured in Scotland, as well as England and Wales, under a set scheme.
If you were harmed in a sexual or physical assault, you may be able to make criminal injury compensation claims through this process. The criminal injuries compensation authority Scotland scheme considers how serious your injuries are and whether you reported the assault to the police as soon as you reasonably could. Compensation amounts are based on set tariffs, and you usually need medical evidence to support your application.
The Types And Amounts Of Criminal Compensation Payouts
CICA pays compensation using a tariff of injury list set out in the Criminal Injuries Compensation Scheme from 2012. Instead of negotiating the value in court, your injury is matched to a fixed category.
The lowest Criminal Injuries Compensation Scotland is usually £1,000, and the highest injury award for one injury can be £250,000. Smaller awards can apply to injuries such as a slight loss of vision, damage to the front teeth that need crowns, or a noticeable scar that does not fade. Higher awards may apply to very serious injuries, such as major paralysis or a severe brain injury that leaves a person unable to move and needing full-time care.
To get the right award, you must show that your injury fits the right tariff level. You will usually need medical evidence, and CICA may also ask for a medical report to confirm your diagnosis and recovery. As Examples of CICA payouts, a strained neck or wrist that limits you for at least 13 weeks may qualify for £1,000, and you normally pay the report cost yourself.
What Are The Requirements For Claiming Compensation For Criminal Injuries In Scotland?
To claim compensation for criminal injuries in Scotland, you must meet the main rules set by CICA. The aim is to support innocent victims of violent crime, and some people who were injured while taking an exceptional risk to help others. Your injuries must be serious enough to qualify for an award under the scheme.
Most CICA claims need you to show that the crime fits the scheme and that you qualify to apply. The usual requirements include the following.
- You were the victim of a crime of violence, or you were injured while taking an exceptional risk.
- You suffered physical injury, mental health injury, or both.
- The accident or assault happened in Scotland, or elsewhere in England or Wales.
- Your injury is serious enough to reach the minimum award level.
- You qualify as a close relative (family member) or dependent if the victim died from the crime.
- You applied within two years of the accident, unless an exception applies.
- You must have reported to the police as soon as you reasonably could, and you should also co-operate with the police process. If you reported late, CICA will expect a clear reason, such as severe injury or lack of capacity at the time.
Our panel of No Win No Fee Solicitors Scotland can explain the eligibility checks and assist you in preparing a clear application if you are unsure how these rules apply to you.
How Much Can I Claim For Criminal Compensation In Scotland?
The amount you can claim is determined by the type of injury and its severity. CICA uses a fixed tariff list, so each injury is assigned to a specific award level, which must be supported by medical evidence. If you are a victim of crime in Scotland, your injuries can be both physical and mental.
Your claim may be higher if the harm has long-term consequences or if the scheme allows for additional financial losses (such as loss of earnings or special expenses). This can apply after a violent attack or a sexual offence, but CICA will decide the outcome based on the facts and evidence in your case. We can help you understand the typical ranges for criminal injuries Scotland claims and the evidence required.
Other Expenses Can Be Claimed Under CICA
CICA can pay more than a tariff award for the injury itself. If you have extra financial losses because of what happened, you may be able to include them in your claim. This can make a real difference to Victim Compensation Scotland, especially in cases where the impact lasts for months or years.
Loss Of Earnings
You may be able to claim loss of earnings if you were in regular paid work before the assault or violent crime and your injuries stop you from doing the same job. This part of the claim is not paid straight away, and it usually only starts after you have lost 28 weeks of earnings. When it is paid, it is normally based on the statutory sick pay rate that applies on the date CICA decides your claim.
Special Expenses
You may also be eligible to claim special expenses incurred as a result of the injury. These expenses must be necessary, directly related to the criminal injury, and not available free from the NHS, your local council, or another service. Examples for this can include physical aids, paid care, home adaptations, and assistance with managing your affairs if you are unable to do so yourself.
Making A Personal Injury Claim In Scotland
Our panel of experienced personal injury lawyers excel in handling cases against well-funded insurance companies.
Our specialised injury lawyers will assist you with your claim, keep you informed throughout the whole process, and provide you with legal advice that is easy to understand.
01
Get In Touch.
Tell us your story, we're here to listen and provide you with an initial assessment based on your circumstances.
02
We’ll Prepare Your Claim.
We'll be by your side to take care of the legal process. We'll keep you informed of every step of the way.
03
Receive Compensation.
If your claim is successful, we'll ensure that you get your compensation as soon as possible.
"A Student’s Journey from Trauma to Triumph: Efthymios’s Fight for Justice After a Devastating Car Accident"
When Efthymios was injured in a car accident, he was left with severe facial injuries. He didn’t know how he would manage his recovery and studies.
“When I got in contact with HD Legal, they made me feel supported. They were incredibly understanding and fought hard for me, ensuring I received the compensation I deserved.”
"Cracked Pavement, Broken Ankle: How HD Legal Helped Margaret Find Justice and Peace of Mind"
When Margaret tripped on a neglected crack in the pavement in Glasgow, she shattered her ankle and was forced to take months off work, unsure how she would manage.
“HD Legal were a lifeline for me. They took care of everything—from gathering crucial evidence to battling the council—and gave me the peace of mind I needed to focus on my recovery.”
"Blown Away: HD Legal Fights for Douglas After Faulty Washing Machine Explosion"
When Douglas’s new washing machine exploded, it caused a fire that damaged his kitchen and left him with painful burns.
“HD Legal fought relentlessly for me when it seemed like no one else would. They were thorough, professional, and supported me every step of the way, helping me recover both physically and financially.”
"From Misdiagnosis to Recovery: How HD Legal Fought for Eilidh’s Justice and Secured the Care She Needed"
When Eilidh’s severe abdominal pain was repeatedly misdiagnosed, her condition worsened, leading to the need for urgent surgery.
“HD Legal stood by me when I felt lost. They were thorough, professional, and fought tirelessly to get me the care and compensation I needed to heal.”
"Falling from Heights, Rising with Justice: How HD Legal Secured Compensation for Alistair After a Workplace Accident Involving Faulty Scaffolding"
Alistair Campbell’s fall from faulty scaffolding left him with serious injuries and months of recovery.
“HD Legal’s panel of solicitors fought for me, ensuring I received the support needed to move forward.”
What Are The Complications In Making A Criminal Injury Claim?
CICA can reduce your payment or refuse it, even when your injuries are real. This usually happens because a key rule was not met or because the evidence does not support the claim.
The biggest issue is reporting the crime. If you did not report the accident or assault to the police, CICA will not pay, and a long delay in reporting can also count against you. CICA may be more understanding if you were a child at the time or if you did not have the mental capacity to report it.
CICA also checks whether you helped the police with the investigation. If the police say you were not cooperative, CICA can refuse the award. They may also look at your behaviour during the accident, and may consider any unspent criminal convictions when deciding what to pay.
If CICA says no, you can ask for a review of the decision. You must do this within 56 days of the decision date, so it is important to act quickly. If you still disagree with the decision after the review, you can submit an appeal, and CICA may schedule an oral hearing in which you can explain your case.
Can You Claim Criminal Injuries With A Criminal Record?
In Scotland, having a criminal record doesn’t automatically stop you from claiming criminal injuries compensation, but it can make things more complicated; here is how it plays out:
- It’s About the Crime, Not Your Past: The main focus of a criminal injury claim is the crime you suffered, not your history. So, even with a criminal record, you can still apply for compensation.
- However, Your Record Could Influence Things: In Scotland, while you can claim criminal injuries compensation even with a criminal record, that record might impact your claim. The Criminal Injuries Compensation Authority (CICA) looks at your past offences, considering their nature, recency, and the sentences you received. This can affect the decision on your Criminal Injury Claim or the amount of compensation you receive.
- Serious Offences Can Be a Big Deal: If your criminal record includes serious offences, particularly recent ones, it could significantly affect your compensation claim. The CICA may reduce the amount of compensation you are eligible for or, in some cases, might deny the claim altogether. This is because serious past offences are weighed heavily in the decision-making process.
- Unspent Convictions Matter More: The focus is often on unspent convictions – ones still on your record and haven’t ‘expired’ yet. These carry more weight in the decision-making process.
- Honesty is the Best Policy: When you are applying for compensation, it’s super important to be upfront about your criminal record. Trying to hide it can backfire and hurt your claim.
- Each Case is Unique: Just like no two snowflakes are the same, every CICA claim is looked at individually. The CICA will consider all aspects of your situation – the crime against you, your injuries, and your criminal record – to make a fair decision.
In summary, while having a criminal record in Scotland doesn’t shut the door on a criminal injury claim, it does add an extra layer to the claims process. The key is that each case is reviewed on its own merits, with the CICA weighing the crime you suffered against any past offences you might have.
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Get Legal Advice From Criminal Injury Lawyers In Scotland:
Making a claim through the Criminal Injuries Compensation Authority can feel complicated, especially when the scheme has strict rules. It is common to wonder about your eligibility and how much compensation you might receive.
If you want clear advice from the very start, speak with a Personal Injury Solicitor Scotland from our panel. They can explain time limits, reporting requirements, and what evidence will help your case.
We understand that a violent crime can be upsetting and can affect your everyday life. Our team will give honest advice, deal with the paperwork, and keep things moving so your claim is handled as smoothly as possible.
To discuss your situation and check if you may have a valid claim, call us at 01412801112 for an initial discussion.
FAQs
Criminal damage to car who pays?
If your car is damaged by vandalism, payment usually comes from your insurer if you have comprehensive cover. You can also ask the police and prosecutor about a compensation order against the offender, or sue the offender in civil court if they can pay. Criminal Damage Compensation is separate from CICA, which mainly pays for injuries, not property damage.
Can criminal injury compensation calculator scotland help?
A criminal injury calculator can give you a rough estimate because it reflects the tariff bands used by CICA. It cannot predict your final award, because CICA also checks eligibility, timely reporting, and the medical evidence. It may also miss other parts of a claim, such as loss of earnings and special expenses.
What is the criminal injuries compensation phone number?
The CICA phone number is 0300 003 3601. You can use it to ask general questions about your application, time limits, and what information they may need.
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