Can I Claim Compensation If No One Has Been Convicted Of The Crime?
By Danielle Jordan. Last Updated 31st August 2023. In this guide, we’ll address the following question: ‘can I claim compensation if no one has been convicted of the crime?’. We’ll also look at other aspects of making a criminal injury claim that are related to this query.
Were you injured as a result of being the victim of a criminal act? If so, you may want to find out if you can claim compensation if no one has been convicted. No matter whether you were the victim of a criminal act such as rape, sexual assault, assault, or sexual abuse, and even if the perpetrator of your injuries was not found, or if the police or courts were unable to convict them, you could still be able to claim criminal injuries compensation.
If you have been the victim of a violent crime, you have several different options for pursuing compensation for your injuries. One way is when the perpetrator of the offence is found guilty and is sentenced.
They could also be ordered to pay compensation by the courts. Another way to make a claim is to sue the person responsible through the Civil Court system. This follows the standard personal injury claims time limit, meaning you have three years in which to make your claim.
Another way you can make a personal injury claim for criminal injuries is through the Criminal Injuries Compensation Scheme (CICA). You usually have two years from the date of the incident to submit a criminal injury claim to the CICA.
In this guide we look at how you can successfully claim compensation if no one has been convicted. To find out more, read our guide below and when you are ready to start your claim, call our team on 0800 073 8804.
Select A Section
- Am I Eligible To Make A Claim If Injured In A Violent Crime?
- What Evidence Do I Need To Support My Claim?
- Criminal Injury Compensation – CICA Time Limits
- Can I Claim Compensation For Sexual Abuse Or Rape If No One Has Been Arrested Or Convicted?
- How To Claim Compensation For Stabbing
- What Is The Criminal Injuries Compensation Scheme?
- What Can A Victim Of Crime Claim Compensation For?
- How Much Compensation Will I Get For An Assault In The UK?
- The Assailant Was Found Not Guilty – Can I Claim Compensation In The UK With A No Win No Fee Solicitor?
- Contact Us And Start Your Claim Today
- Useful Links On Criminal Injury Claims
Am I Eligible To Make A Claim If Injured In A Violent Crime?
If you’ve fallen victim to a violent crime, you may be wondering ‘can I claim compensation if no one has been convicted of the crime?’.
‘can I claim compensation if no one has been convicted of the crime?’
You are eligible to make claims through the CICA (Criminal Injuries Compensation Authority) if you have been the victim of a violent crime, such as those listed above. There are two criteria which you must meet to make a claim through the CICA. These are, that you must have been injured as a result of the attack or assault, and that you are not liable in any way for it.
Personal injury claims can be made for injuries such as fractures or broken bones, or soft tissue injuries or for psychological trauma caused by the assault. The CICA does not allow claims for more minor injuries such as bruising or simpler cuts. However, you can potentially make a claim even if no one was found guilty of the crime. Please read on to learn more about how this can be done.
What Evidence Do I Need To Support My Claim?
If you’re wondering ‘can I claim compensation if no one has been convicted of the crime?’, you may also be wondering what evidence is required to support your case.
You can make a compensation claim through the CICA to seek compensation for being attacked. You don’t even need to know who the perpetrator of your injures was. However, as with any personal injury claim, you will need to produce evidence to show that the incident, or in this case the crime, took place. Evidence can include your police report and statement, as well as any investigation they carried out. You can also use medical reports to show the extent of your injuries. The quicker you reported the attack or assault to the police and sought treatment, the better grounds you have for a claim. It can also help you claim compensation if no one has been convicted if you have cooperated with the police investigation.
Criminal Injury Compensation – CICA Claim Time Limits
When making a claim through the CICA for criminal injury compensation, there is generally a two-year time limit to start your claim. This runs from the date that you reported the incident to the police. Usually, you are expected to report the incident right away. If you didn’t report it right away, you will be expected to prove that exceptional circumstances prevented you from doing so.
Exceptions can also be made to the two-year time window in which you have to start your claim. However, you will also be expected to prove that exceptional circumstances stopped you from doing so.
Contact our advisors today to see if you are within the time limit to start your criminal injury claim or to learn of the time limit for those under the age of 18. Our advisors could also help you answer questions such as ‘Can I claim compensation for my criminal injury if no one has been convicted of the crime?’
Can I Claim Compensation For Sexual Abuse Or Rape If No One Has Been Arrested Or Convicted?
In this section, we’ll look at the question of ‘can I claim compensation if no one has been convicted of the crime?’ in regards to cases of sexual assault.
You can claim compensation if no one has been convicted of your rape or sexual assault and even if they have not been caught or arrested. The process of doing so can be difficult on an emotional and legal level and it can sometimes take a long time to do so. The most important things to remember are that you must have reported your attack to the police. This means that during that report, and your claim, you will need to go over what happened to you again. Doing so can be very difficult for many people to do, and the impact of doing so can be difficult to deal with.
How To Claim Compensation For Stabbing
You may want to know if you can receive stabbing compensation after being the victim of a criminal injury such as this. As previously mentioned, you can claim compensation for injuries caused by a violent crime in England, Scotland or Wales by claiming through the CICA. Through the Criminal Injuries Compensation Scheme 2012, you can claim for up to three injuries caused by the same crime. For the most serious injury, you would receive 100% of the compensation. For the second most serious injury, you would receive 30% and for the third most serious injury, you would receive 15% of the compensation.
If the incident was a result of a violent crime, compensation for stabbing could be sought by using this scheme. In terms of how to claim compensation for stabbing, the below advice could help you.
- Firstly, it’s important that you take steps towards recovering from your injuries. As part of the claims process, an independent doctor can provide you with an assessment of your injuries and determine if any permanent health issues have been caused.
- As a violent assault is a crime, you would need to report the incident to the police. This is important when claiming for stabbing compensation as the CICA need to have a police crime reference number to process your claim.
- You would need to begin your claim for compensation for stabbing within two years of reporting it to the police. Aspects that could help with the claim include providing the police with details of the crime, photographic evidence of your injuries and a report from your doctor, confirming your prognosis.
It’s important to note that the time limit may be extended in exceptional circumstances. Call our team to find out more. Alternatively, read on to learn more about the types of evidence that could be used when claiming.
What Is The Criminal Injuries Compensation Scheme?
If you’re wondering ‘can I claim compensation if no one has been convicted of the crime?’, you may have heard of CICA.
If you need to make a criminal compensation claim without a conviction, one of the best ways to do so is through the Criminal Injuries Compensation Scheme. This was set up and funded by the government to provide compensation to the victims of violent crimes. This is the scheme which is managed by the CICA mentioned above.
How the scheme works and how payments are calculated are set by the government. Settlement figures are based on the same type of compensation awards which are used by the courts in other cases. Remember, the more serious your injuries and the greater the effect they have had on you, the bigger your settlement could be. This is the government’s way of recognising your injuries and suffering.
If you have suffered an immediate financial impact as a result of your injury, you could apply to the Criminal Injuries Hardship Fund for help with immediate costs or loss of earnings or income due to time off work which you may not be able to afford.
What Can A Victim Of Crime Claim Compensation For?
If you’re wondering ‘can I claim compensation if no one has been convicted of the crime?’, you may be wondering what types of damages you could be compensated for.
As well as criminal injuries compensation for your injuries, you could also claim compensation for the financial impact this has had on you. These might include the cost of medical treatment and prescriptions, as well as related costs, such as physiotherapy. If you need some form of care, you could be able to claim the costs of this.
Other financial impacts of violent crime could be funeral costs for the death of a relative after a serious attack. If you had to take time off work due to the physical or psychological impact of your assault, you can claim lost earnings, benefits, and any other income. This can be included be included in your claim to the CICA.
You may be able to apply for other costs. The personal injury solicitor we will be able to provide you with can best advise you on this.
How Much Compensation Will I Get For Assault In The UK?
There are many factors that can be taken into consideration when deciding how much compensation you could get for assault in the UK. However, if you’re claiming through the Criminal Injuries Compensation Authority (CICA). As we have discussed, they provide victims of violent crimes in England, Scotland and Wales a way of seeking compensation. The Criminal Injuries Compensation Scheme 2012 comes with a tariff that sets out compensation awards for various types of injuries, assaults and scenarios.
The table we have provided below, uses information from the tariff to show you what a person could be awarded for assault.
| Injury or illness type & severity | Settlement | Notes |
|---|---|---|
| Non-consensual penile penetration | £22,000 – £27,000 | Resulting in permanently disabling mental illness confirmed by psychiatric prognosis |
| Non-consensual penile penetration | £22,000 | Resulting in serious internal bodily injuries |
| Non-consensual penile penetration | £13,500 | By two or more attackers |
| Non-consensual penile penetration | £11,000 | By one attacker |
| Disabling mental Injury | £13,500 | Lasting 5 years or more but not permanent |
| Disabling mental Injury | £6,200 | Lasting 2 years or more up to 5 years |
| Disabling mental Injury | £2,400 | Lasting 28 weeks or more up to 2 years |
| Disabling mental Injury | £1,000 | Lasting 6 weeks or more up to 28 weeks |
| Physical abuse of adults | £8,200 | Persistent pattern of severe abuse over a period more than 3 years |
This is not the only form of compensation you can seek through the Scheme. A request can be made for financial help, if your injuries left you unable to work for a long period of time, or for special expenses which can include compensation for damaged property or care costs for your injury.
If you are interested in claiming for the harm you suffered from an assault, or to request compensation for special expenses, please reach out to one of our advisers. They can also discuss what you could claim in criminal damage compensation in the UK.
The Assailant Was Found Not Guilty – Can I Claim Compensation In The UK With A No Win No Fee Solicitor?
You might question after the assailant was found not guilty, ‘can I claim compensation in the UK with a No Win No Fee solicitor?’ The answer is yes. As long as you have an eligible claim for criminal injury compensation, our solicitors could work with you under a Conditional Fee Agreement. This is a type of No Win No Fee arrangement.
The key benefits of hiring a No Win No Fee solicitor typically include:
- Not paying solicitor fees upfront or during the criminal injury claims process
- No unexpected charges as your solicitor will discuss fees before working with you
- Your solicitor not taking payment for their work from you if your claim is unsuccessful
You read that last bullet point correctly. If you aren’t awarded compensation for criminal damage or injuries, the onus is not on you to pay your solicitor for their services. Instead, if your criminal injuries claim succeeds, they’ll take a percentage of your settlement. The success fee, as it’s called, is legally capped under the Conditional Fee Agreements Order 2013.
If you would like to work with our No Win No Fee criminal injury solicitors under this arrangement, you can get in touch for a free consultation at any time suitable for you. Our advisors will discuss your case with you respectfully to determine if our legal team is suitable for you. However, don’t worry if you decide not to use our services afterwards – you’ll never be obliged to.
Below are a few ways to reach out to us and begin your claim:
- Call out free 24/7 support line on 0800 073 8804
- Request a call back by completing our contact form
- Pop up to an advisor using our free live chat service
Useful Links On Criminal Injury Claims
Below, you can learn more about CICA claims via our other guides:
- A guide to criminal injury compensation claims
- Can victims of revenge porn make a claim?
- How long does a criminal injury claim take?
- Find criminal injury compensation solicitors for Scotland
- How to claim compensation for robbery victims
- Grievous bodily harm (GBH) claims
- Actual bodily harm (ABH) claims
- Claims involving ABH
- Can I claim for criminal injuries without pressing charges?
- I was attacked when trying to stop a fight, can I claim compensation?
- How to claim for a road rage attack
- Arson compensation claims
- Rape victim claims
- Domestic abuse victim claims
- Stabbing victim claims
- How to find domestic violence solicitors
- Criminal injury victim claims
- CICA compensation calculator
- How to claim compensation for rape
- Rape compensation claims in Scotland
- How much compensation can you claim for assault?
- How much compensation can you claim for being stabbed?
- Acid attack victim claims
- Sexual abuse compensation claims
- FAQs on sexual abuse claims
We hope this guide has helped you with answering the question ‘can I claim compensation if no one has been convicted of the crime?’. You can contact Legal Expert for more advice on criminal injury claims using the contact details included within this guide.
