A person who falls victim to physical or mental injuries due to a criminal act is entitled to ask for criminal injury compensation in Scotland and all over the UK, this claim is made to the Criminal Injuries Compensation Authority (CICA) that will proceed further with your case.
The dynamics of a criminal injury case are similar to that of an injury caused at a workplace or on the road. The only difference is that in these accidents, the compensation is paid by the responsible party. Whereas, in criminal injury claims, CICA pays the compensation to the victims.
How Does Criminal Injury Compensation Claim Work?
All acts of violence classify as criminal acts, and a claim can be made against them. These generally include physical attack or abuse, such as attempted poison, injuries caused due to arson, deliberate hit and run, and wounding.
You are also eligible to make a criminal injury compensation claim if you have lost your provider due to an act of crime.
Just like all illegal acts, a crime scene must e reported to the authorities at the earliest. Once the police are informed, a police incident number is generated, submitted to the CICA.
To present the claim to the CICA, the victim needs to present all the supporting evidence as proof. This evidence will also be helpful to convict and capture the responsible party.
At Wallace Legal, our team of professional lawyers can help you with criminal injury claims in Scotland. A meeting with us will help you consider your options and guide you through the entire process.
Primary Requirements To Make A Criminal Injury Claim
To proceed further with your criminal injury claim, you need to keep these basic requirements in mind:
- The initial requirement for a criminal injury compensation claim to be eligible is the victim needs to prove that they were harmed due to violence. A person doesn’t necessarily have to get injured to make this claim. You qualify to submit a claim even if you were an eye-witness to the scene.
- Another requirement is that the victim must prove that they are entirely innocent and not in any way involved in the criminal act.
- The victim also needs to establish that the accident led to some trauma, be it mental or physical. Physical injuries are rather evident and easier to prove. On the other hand, the victim might require a mental evaluation to prove mental trauma.
Time Limit For A Criminal Injury Claim To Be Eligible
There is a time limit of two years for a criminal injury claim to hold value. If a claim is made two years after the accident, it’s likely to be unsuccessful. This time limit is imposed by CICA, and it is extended in only some exceptional cases.
There are certain cases where the victim delays making a claim. They are waiting for the culprit to be convicted. Let us tell you that there is no such requirement of the responsible parties being convicted for the claim to be eligible. You must make your claim as early as possible. The earlier you make a claim, the better chances you have of success.
Eligibility Criteria For The Claim
In some cases, the victims are not eligible for the claim. For instance, if there is a close link between the victim and the attacker, CICA might disregard the plea. This limit is enforced to avoid false attempts to gain compensation.
Another reason is that the attacker often benefits from a compensation claim in cases where the victim of domestic abuse continues the relationship with the abuser. In cases like these, the claim is null.
The claim can also get refused if the victim took part in the activity or provoked the accident. Your history of a criminal record, alcohol and illicit drug use are also accounted for in criminal injury compensation claims. At Wallace Legal, we have a team of expert lawyers to deal with criminal injury claims. Contact us today for a consultation, and we promise you the rightful compensation that you deserve