Compensation for Criminal Acts – can I make a claim?

The Crime Survey for England and Wales estimates that for the year ending September 2022, 1.1 million violent offences took place across the UK.

In addition to the above, to the year ending September 2022, sexual offences recorded by the police were at the highest level recorded within a 12-month period - 199,021 offences.

Following these incidents taking place, victims of violence / sexual assault or abuse generally seek recourse to justice in the criminal courts with a view that the assailant receives some form of punishment for their crimes.

What is often overlooked however, is that if you are subjected to a violent crime, or have been the victim of sexual abuse or assault, you may also be able to claim compensation for the injuries (physical or psychological) that you have suffered as a result of that crime taking place.

So if I have been subjected to a violent crime, or have been the victim of sexual abuse or assault, who can I claim against?

There are a number of potential recourses to compensation in these circumstances depending upon what has happened and who is involved:

  • Criminal Injuries Compensation Authority (CICA): In most cases where the incident(s) involved an individual who is unlikely to have any money to pay out compensation, then any claim for compensation will be submitted to the CICA which is a government backed fund that pays out compensation to victims of violent crime in England, Scotland and Wales.

  • The Assailant: If the assailant has funds or even insurance in place that covers the claim, then you may be able to bring a civil claim (which is a formal, private claim for compensation which can be brought by one person against a third party) directly against him/her.

  • Employer: Where the incident(s) has taken place whilst at a place of work, then the victim may be able to bring a claim against the employer for failing to keep the victim safe from harm.

  • Other organization / institution: Where the incident(s) has taken place whilst either the victim or the assailant were carrying out duties at a certain premises, then the victim may be able to bring a claim against the institution/organisation who owned or had control of the premises where the incident(s) took place, or who were responsible for the assailant.

Suffering an injury as a result of a criminal act is always a traumatic experience for the person affected. Criminal injuries often involve significant physical and psychological distress, and victims are left to pick up the pieces, but the avenues for compensation for the victim are often overlooked or just unknown.

There are also strict timescales for bringing claims for personal injury and loss that may apply, and it is sometimes the case that victims do not realise that they can claim until it is too late. 

The pursuit of compensation can however be an important step in helping victims recover as best they can from their injuries and can often lead to the provision of treatment and / or other resources that enable them to find ways to deal with what has happened.

Should you have any queries or questions as a result of the above, or if you would like advice or assistance following an incident taking place, then please contact us on 01473 232121 or email Louise Plant on lplant@prettys.co.uk

Expert
Louise Plant
Senior Associate