Criminal Injury Compensation Solicitors Scotland – A Guide For Scottish CICA Claims Guide
How To Claim With A Criminal Injury Solicitor Covering Scotland
By Mark Ainsdale. Last Updated 30th July 2021. This is our guide to claiming with criminal injury compensation solicitors in Scotland. Whether you were injured in an assault or suffered physical or mental injuries due to rape or sexual abuse, you may have questions about whether there is any action you could take to claim compensation for your injuries and the suffering you’ve experienced. In this guide, we offer useful information on finding criminal injury compensation solicitors covering Scotland to help you make a criminal injury claim.
In the sections below is guidance relating to the claims process for victims of violent crime in Scotland and the levels of compensation that could be achievable. While we know that reliving what’s happened to you could be difficult, we aim to make the process as pain-free as possible and will do all we can to get the maximum criminal injuries compensation for your case. It may not take back what has happened to you, but a compensation settlement may go some way towards helping you move forward after such a terrible experience.
Do you have further questions about claiming compensation for a criminal injury in Scotland? Or would you like to begin a claim with our criminal injury compensation solicitors in Scotland? If so, you can talk to our experts in confidence on 0800 073 8804.
Select A Section
- A Guide To Claims With Criminal Injury Compensation Solicitors Scotland
- What Is A Claim For Criminal Injuries In Scotland?
- Criteria To Claim With Criminal Injury Compensation Solicitors Scotland
- Assault Claims In Scotland
- GBH Claims In Scotland
- ABH Claims In Scotland
- Rape Claims In Scotland
- Sexual Assault Claims In Scotland
- Historical Sexual Assault Claims In Scotland
- Robbery Victim Claims In Scotland
- Could Criminal Injury Solicitors Help Me If No One Has Been Caught Or Convicted?
- How Long Do I Have To Claim With A Solicitor For A Criminal Injury In Scotland?
- Could A Solicitor Help You Claim Compensation Through Courts?
- Claiming For The Return Of Property
- Scottish Criminal Injury Compensation Claims Calculator
- Special Damages You Could Claim
- No Win, No Fee Claims With Criminal Injury Compensation Solicitors Scotland
- Start Your Claim
- Essential References
If you have been the victim of a crime in Scotland, a common question might be ‘How do I claim criminal injuries in Scotland?’ You might also ask how does criminal injuries compensation Scotland work? Here at Legal Expert, we have put together this guide to give you information about making such claims, whether you were injured as a blameless victim in a robbery or assault, or whether you’ve suffered harm due to historic abuse.
You may be surprised to know that despite the crime having happened in Scotland, you would not have to use criminal injury compensation solicitors in Scotland to make your claim. You could choose a solicitor based anywhere in the UK to fight for the maximum criminal injury compensation for your case. This gives you a wider choice when it comes to choosing a solicitor to help you.
Within the guide below, you can find out more about how to claim compensation for injuries sustained due to the criminal activity of someone else. We will explain how to go about making a claim and how we could help you. We also have information relating to how much compensation you could receive for your claim.
If you suffer an injury by a criminal act, you may wonder how you could claim compensation. The UK government has an executive agency that deals with claims for compensation for victims of violent crime. It is known as the Criminal Injuries Compensation Authority, or CICA, with its foundation being in 1996. And it helps to compensate those suffering injuries due to violent criminal acts.
Those who could make a claim for a criminal injury in Scotland include:
- People suffering mental or physical injuries as a direct victim of a crime.
- Those with emotional harm after witnessing a violent criminal act.
- People suffering injuries attempting to stop a violent crime.
- Parents claiming for their children’s injuries.
- Dependents of those who pass away due to criminal injuries.
Find out how criminal injury compensation solicitors in Scotland or covering Scotland could help you.
To claim compensation as a victim of crime in Scotland, the Criminal Injuries Compensation Authority requires you to fulfil certain criteria, including:
- Reporting the incident to the police without unreasonable delay.
- Co-operating with the police to bring the person responsible to justice.
- Being blameless for the incident (for example, if you provoked violence or voluntarily engaged in a fight, you may not be compensated).
Your conduct and any criminal records could also be taken into account when the CICA decide whether to accept your claim. You may be given a reduced offer of compensation due to this or the CICA could reject your claim. It could be worth consulting with our team if you think this could be the case. We could offer you some further guidance on criminal injuries compensation Scotland.
Criminal injury compensation solicitors in Scotland or those covering Scotland could handle assault injury claims. Whether you were assaulted in a random or targeted attack, your injuries could range from minor to severe. There are various categories when it comes to assault. These include:
- Common assault – Where someone commits an act of battery or assault against another. A battery could involve spitting at someone, pushing them or slapping them, for example, and is classed as an application of unlawful force. An assault, however, is when a victim is made to fear that they are going to be subjected to immediate force. This could include someone raising a fist at the victim, for example.
- ABH – Actual bodily harm – this could be classed as battery that causes actual harm to the victim. There would usually be physical evidence of this.
- GBH – Grievous bodily harm – this could be classed as a battery that causes serious harm to the victim or where there is an intention to cause serious harm.
How do I claim criminal injuries compensation in Scotland For Assault?
If you have been injured in an assault, criminal injury compensation solicitors covering Scotland could help fight for compensation on your behalf through the criminal injuries compensation authority.
Grievous bodily harm, or GBH, involves very serious harm being caused to the victim. This could involve a stabbing, for example. If serious harm was not caused but the perpetrator intended for there to be serious harm inflicted to the victim, a charge of GBH could still be appropriate. No matter how serious or minor the injuries you sustained were, you could consider pursuing a claim for compensation against the criminal injuries compensation authority. A personal injury claim of this kind could include compensation for both the physical injuries and the emotional trauma you may have suffered as a result of your injuries. Criminal injury compensation solicitors in Scotland or those covering Scotland could handle such claims.
ABH stands for actual bodily harm, and it is an offence in which actual physical harm is inflicted upon the victim. While ABH does not have to mean a victim sustains a serious injury, it would involve more than a shove, and evidence such as scratches, bruising and bite marks could be sufficient as physical proof of such an assault. If you have been a victim of ABH, then you may be wondering if you could claim criminal injuries compensation. Our team could help assess your case and provide you with criminal injury solicitors covering Scotland to help fight for compensation on your behalf.
Whether you have been raped by someone you don’t know, or by someone you were in a relationship with, you always have the right to say no to sexual advances. Rape is a violation of your body and your rights and is a horrific and heinous crime.
Whether the rape has left you with physical marks or not, it could have affected you mentally, and this could take you a long time to recover from. If you have not consented to sexual activity, or someone has forced you into sex, you could claim compensation for the mental trauma as well as the physical injuries caused. This is where criminal injury compensation solicitors in Scotland and those covering Scotland could help.
Our dedicated team of advisors could talk to you in confidence about how we could help you.
Sexual assault could lead to a victim suffering more than just physical injuries. Research has shown that trauma symptoms could be suffered by victims of many different types of sexual abuse and sexual assault. Not only could criminal injury solicitors covering Scotland help you claim for any physical harm you have suffered due to the sexual assault you were a victim of, but they could also help you claim for emotional trauma suffered as a result. You would have to be assessed by a psychologist/psychiatrist as part of your claim to evidence the effect that the assault has had on you. We understand that talking about your experience may not be comfortable, but some victims of sexual assault could find that talking about their experiences may be somewhat cathartic.
Being abused could have a significant impact on someone, and if you’ve been unable to process or talk about the abuse until years later, you may be under the impression that it could be too late to report the abuse or claim compensation for the harm you’ve suffered because of it. This would not be the case, as our criminal injury compensation solicitors in Scotland can explain.
If you suffered historic sexual assault or abuse and now feel ready to take action, you can still report historical abuse or assault to the police, and you may still be able to apply for criminal injuries compensation for the harm you’ve suffered. This is because there could be an exception to the criminal injury claims time limit for historical abuse cases. It could be argued that you were not able to report the abuse or assault as you were unable to process it until much later, and criminal injury solicitors covering Scotland could help to fight for the compensation you deserve for the traumatic experience you’ve been through.
Have you been the victim of a robbery in Scotland? Whether you’ve been injured in a mugging or a home burglary, this could be a very traumatic experience and it could lead to you suffering both physical and psychological harm. Criminal injury compensation solicitors covering Scotland could help you prove that you were a blameless victim of a robbery, and this could lead to you being awarded compensation, not just for the physical trauma you’ve sustained but also the emotional harm it has caused you. You may even be able to claim for costs associated with the robbery, such as loss of earnings, physical aids and more. You can learn more about criminal injuries compensation Scotland by contacting us today.
While you may be under the impression that the person/s who caused your injuries would have to be caught and convicted for you to be able to claim criminal injuries compensation for Scotland-based crimes, you may be surprised to learn that this is not the case. If the crime has been reported, and you have suffered an injury as a blameless victim, and you meet CICA eligibility criteria, you could still claim compensation for your injuries.
The usual criminal injury claims time limit is shorter than the personal injury claims time limit that applies to personal injury claims. You would usually only have 2 years from the date of the incident to claim compensation. However, there could be some exceptions to this. If you’re unable to make an application to the criminal injury compensation scheme in Scotland due to exceptional circumstances, or the evidence with your claim would not require extensive investigations by claims officers, your claim might be possible outside of the 2-year time limit.
Other special exceptions could apply if you’re a child when the incident happens, and no parent or guardian claims on your behalf. You could usually have until your 20th birthday to claim in these cases.
We should mention that the earlier you claim, the easier it may be to gather the evidence needed to prove your claim, thereby improving your chances of success. Speak to our criminal injury compensation solicitors in Scotland for further information. And we can help you from there.
Criminal injury compensation solicitors covering Scotland could help you if your case goes to court. If you must attend court to give evidence in your case, you could receive compensation for these costs. In addition to this, if the accused person pleads guilty or is found guilty, the court may order them to pay you compensation by way of a compensation order.
If your property was taken from you to be used as evidence in your case, it would usually be returned to you by the police once the case was concluded. The Crown Office and Procurator Fiscal Service and Police Scotland has guidance on the return of property. You can find more information on this here.
Some claimants who are looking into applying for criminal injuries compensation in Scotland may like to know how much compensation could be achievable for their claim before they decide on whether or not to go ahead with it. Unfortunately, it is not possible to get an accurate figure from a personal injury claims calculator regarding this. This is because all personal injury claims focus on their unique facts. And without assessing the case as a whole, it would not be possible to conclude how much compensation could be appropriate for your case.
Also, you would have to undergo a medical assessment with an independent professional who could review your medical notes, examine you and compile a report that details your condition and your prognosis. This gives your personal injury lawyer a more accurate idea of the level of compensation they could achieve for your case.
We understand this could be quite frustrating, which is why we have some rough payout amounts for specific injuries that we believe could relate to this type of criminal injury claim. If, however, your injury doesn’t appear here, we could give you some further guidance on payout amounts over the phone. The figures we have in the table below come from the Criminal Injuries Compensation Authority Tariff covering England and Wales. And these could give you some rough insight into compensation amounts for such cases. But please contact our criminal injury compensation solicitors in Scotland if you want more advice.
Injury Tariff Award Notes
Paralysis (Major) Not caused by brain damage. £27,000 Mild motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £55,000 Moderate motor or sensory function impairment (Hemiplegia)
Paralysis (Major) Not caused by brain damage. £110,000 Severe motor or sensory function impairment (Hemiplegia)
Mental Injury (Disabling) £13,500 Not permanent, but injury could last for more than 5 years. Injured parties would have to have an assessment from a clinical psychiatrist/psychologist to confirm condition and prognosis.
Mental Injury (Disabling) £27,000 Where the injured party is seriously and permanently disabled.
Facial Scarring £11,000 Seriously disfigurement
Sight loss £22,000 Sight loss in one eye
Jaw bone fracture £6,200 When disability continues after surgery.
So, you’re wondering, ‘How much compensation do you get for criminal injuries?’ It may be important for claimants to understand that they could be eligible to claim for special damages as well as for their pain and suffering. Special damages compensate you for any financial losses or expenses as a direct result of the injury.
Some of these could relate to:
- Physical aids – This could include wheelchairs and walking sticks. However, you would only claim these if you couldn’t get the aids from another organisation, such as the NHS.
- Damage to property – Should your personal property suffers damage due to the criminal act, this becomes claimable.
- Care costs – If you need help with things like cooking, cleaning or dressing, these costs are claimable. However, you would only be able to claim for these costs if they’re not free by another source.
- Home adaptations – If your injuries require home adaptations, these could be claimable.
- Wage losses – Have you been unable to work due to your injuries for more than 28 weeks? If so, you may be able to claim loss of earnings as part of your claim. However, this usually comes as the statutory sick pay rate at the time your claim begins. You would also need to provide a 3-year employment history to be eligible for this. And you must also explain any other gaps in your employment history during the 3-year period.
There are two things we should make very clear when talking about special damages for CICA claims. Firstly, you would only be able to claim for expenses if the benefits office or local authority don’t cover them, And they must be reasonable. Secondly, you would have to be able to prove these costs. To do so, you might need to keep things like bank statements, bills, payslips or receipts to provide as evidence. Remember you do not have to claim with criminal injury compensation solicitors in Scotland. Our team coud help you.
Do you need assistance from criminal injury solicitors covering Scotland but fear having to pay upfront for their services? It may be a surprise, and a relief, to know this isn’t necessary. In fact, there’s a method for getting legal assistance without paying anything until your claim successfully ends in compensation. These are No Win No Fee claims. Instead of paying a retainer to your personal injury solicitor, you would instead sign a Conditional Fee Agreement. This promises them a small success fee with a legal cap percentage of your compensation payout. You only have to pay this success fee if the lawyer can agree on a compensation payout for you. And if they aren’t successful in doing so, you would not have to cover their costs of pursuing the claim. You would also not have to pay any fees upfront or during the claim.
Here at Legal Expert, we can provide you with one of the criminal injury solicitors covering Scotland. We work with who could help with a criminal injuries compensation application for claimants in Scotland. To ask us anything more about making a claim, please do not hesitate to get in touch.
We hope this guide to claiming with criminal injury compensation solicitors in Scotland helps you. If you’re still wondering ‘How do I claim for criminal injuries in Scotland?’, please get in touch with your queries. We would be glad to offer you free, no-obligation expert advice on your claim. And we’re ready to provide you with a solicitor to fight for criminal injuries compensation on your behalf. You can reach us in several ways:
By phone: 0800 073 8804
Via email: firstname.lastname@example.org
Through the Live Chat Service, or via our contact form.
We look forward to hearing from you.
Claiming Compensation For Criminal Injury – This Government resource explains more about criminal injury compensation.
Latest News From CICA – Here, you can read updates regarding the Criminal Injuries Compensation Authority.
Victims Code For Scotland – You can read more about what help there is available for victims of crime in Scotland here.
Child Abuse Compensation Claims – You can find details of how to claim compensation for child abuse cases here.
Assault Claims – If you’ve been injured in an assault, this guide might be of use to you.
Acid Attack Compensation – If you’ve suffered injuries due to an acid attack there is specific guidance relating to such claims here.
Scottish Personal Injury Claims Calculator – Check how much compensation could be awarded for different types of injury.
Injury Claim Time Limits – Check how long you have to claim compensation for an injury.
Recorded Crime In Scotland – Statistics
According to data published by the Scottish government, recorded crime remains at one of the lowest rates in decades. You can find data and statistics published by the Scottish authorities here and here.
The recorded crime rate in Scotland for 2019-20 was a total of 246,516 crimes. This rates remains broadly flat with a less than 1% fall from the previous recording year. The past decade has seen an overall downward trend in recorded crimes in Scotland.
Recorded crime in Scotland peaked in 1991 with a total of 572,921 crimes. The rate of violent crime has been decreasing since the year 2002 – 03. Whilst there have been increases in recorded rates this is down to the way in which crime is recorded. The Domestic Abuse (Scotland) Act 2018 set out new crimes to be recorded. There still remains an overall reduction in non-sexual violent crimes since 2002-03.
Criminal Injury Compensation Solicitors In Scotland FAQs
What is the time limit for filing criminal injury claims?
This window has a maximum of two years except for the likes of historical sexual abuse cases.
But how does this differ from typical injury claims?
For a normal personal injury claim, the victim has up to 3 years in which to take legal action.
When can a claim begin?
As soon as possible once you speak to one of our personal injury lawyers.
How does the defendant learn of the claim?
They will receive a letter stating the victim’s intention to claim.
When does the first settlement offer come from the defendant?
This arrives once the defendant begins to accept liability, though this could be months into negotiations.
Is it imperative to accept the first offer?
Absolutely not, because this is very rarely the sole offer, and it’s almost always the lowest offer too.
What happens if I reject a settlement offer?
In this case, the defendant should come back with a larger offer, but you can’t accept the previous offer anymore.
And how long will my case take?
Such cases tend to reach a resolution inside 12-to-18 months.
If you have been affected by these crimes, you could claim via the Criminal Injuries Compensation Authority. Remember, you do not have to use criminal injury compensation solicitors in Scotland. Our panel of solicitors could help you. Our team could help you secure criminal injuries compensation.
Written by Jeffries
Edited by Billing