Personal injuries that are sustained from incidents of violent crime are usually eligible for a compensation payout from the CICA. The CICA scheme tariffs are designed to compensate victims according to the circumstances and severity of their injuries. In some cases, injuries can be so severe or the victim can be so young that someone else needs to claim for them.
Making A CICA Claim For A Child
Under UK law, it is not possible for a child under 18 years of age to make their own claim for compensation. They can either choose to wait until they become an adult and make a claim before their 21st birthday, or they can allow an adult to make a claim on their behalf. This can be a parent, guardian, or other adult family member who can prove their relationship to the child. They will have to take responsibility for completing forms and submitting evidence.
If the CICA awards the child compensation, they will normally hold this money in an account for them until they turn 18. There are also options such as trusts or annuities if they do not feel that they will be able to handle the money responsibly. Parents or guardians can request advance payments from the lump sum if this is necessary for the child’s welfare or to help to pay for their education, but the CICA will require proof of what these payments are used for.
Making A CICA Claim As A Litigation Friend
If a loved one or family member that you live with has been injured in a violent crime, you might have to claim compensation from the CICA on their behalf. This usually only happens if the victim is incapacitated due to the extent of their mental or physical injuries, and unable to make the claim themselves. This person does not act as the victim’s lawyer but is known as their litigation friend. The victim must be the sole beneficiary of the compensation award.
The relative must complete forms and provide evidence on behalf of the victim within the guidelines, acting as if they were the victim themselves. However, the compensation is not for the relative. If you are making a CICA claim for a family member, you can apply for an award based on their criminal injuries and also for special expenses such as medical costs or loss of earnings resulting from the impact of the violent crime on the life of the victim.
Making A CICA Claim For Someone Who Has Died
If you are the relative of someone who was killed in a violent crime or died of fatal injuries sustained from a violent crime, you may be able to claim their compensation award. This is owed both for the suffering of the victim and the losses suffered by the relative. You can claim for the bereavement of murder and resulting losses like earnings, benefits, care and companionship, funeral costs, mental anguish, and any further long-term pain and suffering.
If a victim of violent crime dies from their injuries, then a parent, child, partner, or spouse will be entitled to claim their compensation, especially if the relative was financially dependent or physically dependent on the victim before their death. If multiple eligible relatives make a claim, the total award may be divided between them. Relatives may still be able to claim if the victim had already claimed a CICA award before succumbing to their criminal injuries.
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