Criminal injuries compensation claims in Scotland
What is criminal injuries compensation?
Criminal injuries compensation refers to what is paid to victims of violent crime through the Criminal Injuries Compensation Authority (CICA). This is the government body that runs the Criminal Injuries Compensation Scheme throughout Scotland. If you have been assaulted, attacked or otherwise hurt in a violent crime, this is typically the route to compensation.
It works differently from other injury claims as there is no insurer to pursue, and no negligent driver or employer to sue. The claim itself goes to the CICA. Here, they will assess your injuries and pay an award from public funds. It is important to note that in order for this to happen, the crime must have been reported to the police, however the attacker does not need to have been caught or convicted for you to receive compensation. Essentially, a failed prosecution does not close the door on your claim.
Thompsons acts only for injured claimants. We never act for employers or insurers, and we help victims across Scotland secure the award they are entitled to under the scheme.
Who can claim criminal injuries compensation in Scotland?
You can claim if you were the direct victim of a violent crime, such as an assault. You may also be able to claim if you suffered psychological harm from witnessing a violent crime happen to a loved one, or if you are a close family member of someone who died as a result of violent crime.
The scheme has conditions. The crime must be reported to the police, and the application must normally reach the CICA within two years of the incident. The CICA can also reduce or refuse an award in certain circumstances, for example where the applicant has unspent convictions or did not cooperate with the police investigation.
Those rules put some people off applying when they shouldn't be put off. Eligibility is often less clear-cut than the guidance suggests, and borderline cases succeed with the right evidence and presentation. If you are unsure whether you qualify, speak to us before deciding not to claim.
How much compensation could you receive?
The CICA pays awards under a fixed tariff based on the injury. Tariff awards start at around £1,000 for less serious injuries and rise to £250,000 for the most severe. The maximum total award, including loss of earnings and expenses, is £500,000.
Some examples give a sense of the bandings. A fractured jaw requiring an operation attracts a tariff award in the region of £3,500. Permanent, moderately disabling mental injury confirmed by a psychiatric diagnosis sits around £13,500. Serious brain injuries fall into the highest bands, up to the £250,000 tariff maximum.
On top of the tariff, payments can cover loss of earnings and special expenses such as care costs or equipment. This is where victims who apply alone lose out most often. An online criminal injuries compensation calculator, or a CICA calculator on a claims website, only estimates the tariff figure for the injury itself. The CICA will not volunteer the other heads of claim you might be entitled to. A solicitor will manually work to gather evidence and argue for claims, which is why unrepresented applicants frequently accept less than they are due.
How does a CICA claim work and how long does it take?
A cica claim runs in stages. First, report the crime to the police and get a crime reference number, because the CICA will not consider a claim without one. Next, submit the application to the CICA within the two-year time limit. The CICA then gathers evidence from the police and from your medical records, assesses the claim against the tariff, and makes a decision and an offer.
Most CICA claims take 12 to 18 months to resolve. Complex cases, particularly those involving serious psychological injury or disputed eligibility, take longer. If the offer is too low, it can be challenged. You can ask the CICA to review its decision, and if the review outcome is still wrong you can appeal to a tribunal. Both steps carry strict deadlines.
When Thompsons handles your claim, we manage the application, chase the CICA for progress so you are never left wondering where things stand, and run any review or appeal on your behalf. You do not have to go through this alone.
Do you need a solicitor for a criminal injuries compensation claim?
You can apply to the CICA directly and pay nothing for the privilege. We'll be honest about that. But the scheme rules are complex, the CICA frequently makes low first offers, and the review and appeal deadlines are unforgiving. A rejected or undervalued claim is hard to rescue once the deadlines pass.
Thompsons acts only for claimants, never for employers or insurers. We win more than 90% of cases and recover £1 million per week for clients across Scotland. Criminal injuries claims are handled on a no win no fee basis, with the success fee capped at no more than 20% of damages. There is no financial risk in getting advice.
Start your criminal injuries compensation claim today
Picking up the phone after a violent crime is hard. We know that, and we will never rush you. The two-year time limit does mean it pays to act soon, though, so do not leave it until the deadline is close.
Call 0800 0891 331 for a free, no-obligation discussion of your claim, or complete our online enquiry form and we will call you back. Your claim will be handled on a no win no fee basis by a firm that fights only for injured people across Scotland. Call 0800 0891 331 today.
