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How does the criminal injury claims process work?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    How does the criminal injury claims process work?

    Just as you can claim compensation if you have had an accident at work or on the road that wasn’t your fault, you can put in a claim if you have fallen victim to a crime and suffered an injury. However, while employers and motorists have insurance policies to pay for damages, criminals have no such cover. This is why the Criminal Injuries Compensation Authority (CICA) was set up; it ensures that those injured due to somebody else’s criminal activity are able to claim compensation.

    What is CICA?

    The Criminal Injuries Compensation Authority, also known as the CICA, is a body that is funded by the government and is aimed at paying damages to both witnesses and victims of criminal acts. Whether you have been left with a physical injury after a robbery or an assault or you have been left suffering from trauma after witnessing a criminal act then you have the right to claim compensation. You are even entitled to damages regardless of whether the criminal has been found, arrested or prosecuted for the offence.

    How to claim criminal injury compensation

    Because the Criminal Injuries Compensation Authority pays for claims for criminal injuries, it doesn’t matter who caried out the crime or whether they are able to pay. The perpetrator doesn’t even have to have been arrested. To qualify, you only have to have been a victim (or witness) of a criminal act and have suffered some type of injury or psychological trauma as a result.

    To claim, you will need to have a police reference number for the criminal offence and the details of a medical professional or a doctor or who has treated you for the injury, and you can make a claim directly by contacting the Criminal Injuries Compensation Authority or by hiring a solicitor who specialises in personal injuries for advice.

    How are damages awarded?

    All claims are dealt with on their own merits and awards are made depending on the how severe the trauma or injury is. Long-term effects and any financial hardship incurred due to the offence are taken into account. Compensation for criminal injuries range from a thousand pounds to five hundred thousand pounds.

    While claiming for compensation for criminal injury is free, it does take some time and requires lots of paperwork and filling in of forms. However, if you employ an expert injury solicitor, they will do all the hard work for you and help you receive the compensation you deserve.

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