Domestic Violence and CICA claims

Domestic Violence is a deeply traumatic experience that can leave lasting physical, psychological and financial impacts.  In the UK survivors may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA).  Whilst no amount of money can undo the harm that has been suffered, a CICA claim can provide some financial support.

The criteria to qualify for a CICA claim is;

• The applicant has been a victim of a violent crime whilst in the UK
• The applicant must have reported it to the police.  Whilst a conviction is helpful it is not a requirement.
• The applicant must cooperate with the police
• The applicant must submit a claim within 2 years of the incident if they are an adult at the time. (there are other exceptions for children)

Specifically important to domestic violence survivors they must not be living with the perpetrator at the time of the application.

Claims are assessed under a tariff based system with awards being determined by the nature and severity of the injuries.  Under the scheme an applicant can apply for physical injuries such as broken bones, however some minor injuries may not be covered within the 2012 Scheme.

But it is not just physical injuries, psychological injuries which are often far most lasting and have a greater impact can be considered under the CICA scheme.  If the applicant has a diagnosis from a psychologist or psychiatrist for conditions such as PTSD or Complex PTSD and it is having a significant impact on daily life, this can be considered.  Initial medical records will be obtained to support the diagnosis however medical reports can be obtained from a psychologist or psychiatrists to provide further supportive evidence.

Loss of earnings can also be recovered if as a direct result the applicant has not been able to work.   There must be evidence that they were working before (there are some exceptions to this) and the first 28 weeks of the period of not working will not be included.  Loss of earnings claims can significantly increase the value of a claim.

Domestic abuse cases can be complex and differ from other violent crimes and whilst an applicant can make an application themselves instructing a Solicitor can assist in helping provide all the supporting documentation and evidence needed to maximise compensation.

Often with domestic violence cases they are submitted out of time, so after the 2 year deadline that the CICA refers to within the Scheme.  There are exceptions however, and this is where a Solicitor can help to overcome this hurdle.  If it can be shown that there were reasons why the claim could not have been submitted before the 2 year deadline the CICA will consider these in their decision making.

Submitting a CICA claim after domestic violence can feel daunting but often seeking support from a Solicitor can ensure that they handle the matter with sensitivity and guide you through the process whilst ensuring access to justice and financial redress.