Complications in Making a Claim
It is important to be aware that the Criminal Injuries Compensation Authority (CICA) can withhold or reduce an award for various reasons.
For example:
- If you have not reported the matter to the police then the CICA WILL NOT make a payment. The reporting of the incident must be made as soon as possible after the incident as any delay will be taken into consideration when considering your award. If you were too young to report the incident yourself or lacked the mental capacity to do so then the CICA may exercise some leniency and still consider making an award to you.
- It is important that you co-operate with the police in the reporting and investigation of the crime. If the police deem that you have been obstructive or non-co-operative then the CICA will withhold payment to you.
- The CICA will also consider your conduct when looking at your claim for compensation. If you yourself were acting in an aggressive or threatening manner or in any way that made the incident longer and worse than it would have been then it may withhold payment to you.
- The CICA will also look at previous unspent convictions when considering whether or not to make payment.
If the CICA decides not to pay an award to you, you can ask for a review of that decision. This must be done within 56 days of the original decision being made. If, after the review, you are still unhappy with the result you can ask for the matter to be appealed. This may result in an oral hearing taking place.
If you are unsure if you have a valid claim contact our specialist lawyers today for free legal advice on 0800 089 1331.