TABLE OF CONTENT
Importance of Having a Solicitor on Your Side When Making a CICA Claim
Why do I need a solicitor when I can make the claim myself? This is a common question many victims ask before starting a CICA claim. While the CICA allows you to submit your application without solicitors, the process follows strict rules, evidence requirements and deadlines. A small mistake can delay your claim or even lead to it being refused.
According to the latest CICA Annual Report and Accounts, CICA refused compensation in 23,294 resolved claims. This represent 65% of all resolved claims, which was 62% in the last annual report. This shows the importance of having a solicitor by your side when making a CICA claim.
This blog explains what criminal Injury solicitors do and whether you need one to make a claim. It also explains why having a criminal injury solicitor matters for a CICA claim.
What Do Criminal Injury Solicitors Do?
Criminal injuries solicitors are also known as CICA solicitors. They help violent crime victims secure compensation through CICA. To do this, they collect medical records, supporting proof and any additional details. Once they collect the details, they prepare and submit the CICA application within the deadline. They perform the following duties:
- Manage the CICA application.
- Collect supporting proofs.
- Evaluate the likely reward.
- Request reviews and appeals.
Do You Need a Solicitor to Make a CICA Claim?
No. You can make a CICA claim without a solicitor. The CICA application process allows you to apply directly. In that case, you will need to provide these details:
- Details of the incident
- Police report information
- Relevant medical evidence.
In most cases, claims should be made within two years of the incident, although exceptions may apply. If you handle the claim yourself, you keep 100% of any compensation awarded. However, a solicitor can provide helpful legal support if your case is complex:
- Serious injuries
- Long-term psychological trauma
- Disputed eligibility
- An appeal against a CICA decision.
Why Having a Criminal Injury Solicitor Matters for a CICA Claim
Having solicitors matters for CICA claims because they can handle complex cases and reduce your stress. Although you can apply yourself for CICA claims, an expert ensures you meet the strict rules and reduces the chance of rejection. The reasons listed below show why having a solicitor can make a difference to your CICA claim:
1. Assess Your Eligibility Before Applying
Every victim of violent crime doesn’t automatically qualify for CICA compensation. Before making a claim, a solicitor reviews your case in detail to check if you meet the scheme’s eligibility requirements. This ensures you only proceed when there is a fair chance of success.
2. Complete the Application Accurately
A CICA application must clearly explain the incident. It should include details of your injuries, medical treatment and supporting evidence. Missing information or incorrect details can delay your claim or lead to rejection. A solicitor completes your application carefully and checks that all information is accurate before submission. They describe your injuries clearly, include the necessary documents and respond to any additional information requests from the CICA on time.
Completing the application accurately reduces avoidable errors and ensures your claim progresses smoothly.
“Expert evidence presented to the court should be, and should be seen to be, the independent product of the expert.”
Justice Cresswell, The Ikarian Reefer
3. Gather Medical Proof
Medical proof plays a vital role in the success of your claim and the compensation you receive. Solicitors are familiar with the proofs CICA requires. They coordinate directly with medical experts and collect your medical records on your behalf. They also collect other supporting proof, such as care costs and proof of lost earnings.
4. Navigate the Tariff System
CICA determines compensation using a fixed tariff. It assigns different award amounts to specific injuries. Determining which aspect of this tariff applies to your situation may be complex. This is especially true if you’ve suffered many injuries or long-term psychological damage.
A solicitor checks your medical proof and matches it with the correct tariff categories. This ensures your injuries are accurately assessed. They also determine how the multiple injury rules apply to your claim. They make sure the compensation is calculated as per the Scheme’s rules. This reduces the risk of your undervalued injuries or being incorrectly classified in a tariff category.
5. Maximise the Reward to Claim
Many people who apply for a claim are unaware of the total compensation they may get. Lawyers take care of every aspect of your claim to make sure you receive the maximum reward. They compare your injuries to the relevant CICA tariff award and check whether you are eligible for other hidden payments. If the injuries have been underestimated, they can present additional evidence to support the higher award.
6. Meet CICA Deadlines and Legal Requirements
CICA claims typically need to be filed within two years of the incident. Though there are some individual exceptions in specific cases. There are also strict policies for the scheme that must be followed during the claims process.
A solicitor keeps track of all deadlines and files documents on time. They make sure that your claim meets the CICA’s rules. This helps to avoid delays, missed deadlines or procedural errors that may impact your compensation.
“Justice delayed is justice denied.”
William E. Gladstone
7. Manage Reviews and Appeals
The CICA may ask for further details, medical records or clarification of your application during the claims process. It is important to respond quickly and correctly to prevent any unnecessary delays. Your solicitor acts as your main point of contact with the CICA. They handle your correspondence, respond to requests for information and provide supporting documents. They keep you updated on your claim progress. Your lawyer can also ask for a review or to appeal the decision of the CICA to the First-tier Tribunal if it seems wrong.
8. Handle Criminal Records or Conduct Issues
Your criminal record or your conduct before, during or after the incident may affect your CICA claim. In some cases, compensation can be reduced or refused if the CICA believes your behaviour contributed to the incident. It may also refuse or reduce your award if you have certain unspent criminal convictions.
A CICA lawyer reviews these issues at the start of your claim and explains to you how they may be a barrier to your claim. They compile the evidence and legal arguments needed to support your claim. If your compensation is unfairly reduced or refused, they can challenge the decision on your behalf.
9. Reduce Stress Throughout the Claims Process
Filing a compensation claim following a violent crime or abuse may be difficult. Usually, there is a lot of paperwork, proof collection and legal processes to follow. Managing these tasks while recovering from your injuries can create additional stress. Your solicitor handles these details, so you can concentrate on getting better. They explain each stage of the process in clear language. They answer your questions and provide support from the initial application through to the final decision. An expert solicitor provides you with an extra level of confidence and peace of mind throughout the process.
How a Criminal Injury Solicitor Can Help Maximise Your CICA Compensation?
A criminal injury solicitor can help maximise your compensation. For this, they ensure your injuries are correctly assessed under the CICA tariff. They identify eligible additional payments and represent you during reviews or tribunal appeals. A solicitor usually follows this approach to maximise your CICA compensation:
- Collects the precise medical evidence to prove the severity of your injuries.
- Identify and calculate hidden costs. This includes future lost income and specialised care costs.
- Describe your injuries clearly. This helps them match the highest possible bracket under the CICA compensation tariff.
- Request a review or a First-tier Tribunal hearing to challenge low compensation or rejected claims.
How Much Do Criminal Injuries Solicitors Cost?
CICA lawyers in the UK usually cost 25-30% of the total compensation awarded. They operate on a “No Win, No Fee” basis. This means you do not have to pay your solicitor if your CICA claim is unsuccessful. However, even with a No Win, No Fee agreement, you may still need to pay for different things. This may include medical records or expert reports needed to support your claim. The following table shows the commonly used CICA claim fee structures that are used in the UK:
Choose the Right Criminal Injuries Solicitors
To choose the right solicitor, consider their experience and knowledge of the claims process:
Case Study: How a Solicitor Helps in a Complex CICA Claim?
A victim of child sexual abuse asked for help from a solicitor. She was unhappy with the way another solicitor handled her case. A civil claim against the local council was settled successfully. However, the CICA claim was initially refused due to weak evidence.
The new solicitor collected more details and appealed the decision before the tribunal. The appeal was successful, which allowed the claim to proceed. However, the CICA initially awarded only £8,800. This compensation did not reflect the full impact of her injuries. The solicitor then provides further medical proof, work records and proof of financial losses. After reviewing the proof, the CICA raised the compensation to £258,991.15.
This case study shows how a solicitor can impact the outcome of a complex CICA claim.
Conclusion
You can make a CICA claim without a lawyer. However, a criminal injury solicitor can make a significant difference, especially in complex cases. An experienced criminal injuries solicitor can help you meet the Scheme’s requirements. They also help you collect the right evidence and maximise your compensation. Before submitting your claim, assess the complexity of your case. If you are unsure, contact us today and start your claim journey with the best criminal injuries solicitors.
