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How much criminal compensation can I expect to receive?

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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 much criminal compensation can I expect to receive?

    If you’ve been injured as the result of a criminal act perpetrated by someone else then you may be in a position to make a claim for compensation. Unlike with other personal injury claims, the compensation isn’t claimed from the other party themselves but is paid out by a body called the Criminal Injuries Compensation Authority (CICA). This is a government funded body which was set up in order to ensure that anyone who has suffered in this manner is in a position to seek a fair amount of compensation. The presence of CICA removes the need for the other party to be able to fund compensation, or even for the party in question to actually have been arrested or charged.

    When it comes to calculating the amount of compensation you’re likely to receive, there are several different factors to be borne in mind. The first of these is the nature of the injury itself. If it’s a physical injury then the amount will be decided using a formula which combines the area of the body affected with the severity of the injury sustained. In the case of a mental or psychological injury this severity will be determined by medical evidence detailing the on-going adverse effect on your ability to live your day to day life to the full.

    Once the type and nature of your injuries has been decided, any other compensation will be based upon the financial effects of the injury. What this means in practice is that you will be reimbursed for any immediate out of pocket expenses such as travel costs or medical bills, whilst you’ll also be given an amount which takes any lost earnings into account, both now and, extrapolating, in the future. Getting this calculation just right, and thus ensuring that you get all of the compensation you deserve, will be simpler if you keep all receipts from any monies spent and give them to the personal injury lawyer building your case.

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