Compensating the Victims of Crime

The recent London bombings have put the spotlight on the Criminal Injuries Compensation Scheme, the government’s compensation scheme for the victims of violent crime. Many victims and the public have been surprised to learn the limitations of this scheme and in particular how those who have been gravely injured, many of whom are amputees, are treated under the scheme. Concern has been expressed that a person suffering limb loss in the bombings outrage will receive less compensation than someone injured as a result of fault in a road traffic accident or rail crash.

Eligibility under the Scheme

To be eligible to make an application under the scheme, an applicant must:
• Have suffered a personal injury directly attributable to an act of criminal violence
• The injury must have occurred in Great Britain
• The incident, unless good reason can be shown, must have been reported to the police soon after it had occurred
• Any application to the CICA should be received within 2 years from the date of the incident (although the CICA does have discretion to waive this time-limit)
• The application must be made on the appropriate form which can be obtained from (web link here)

Pain & Suffering

Compensation under the scheme provides an award for pain and suffering according to a tariff. The tariff identifies particular injuries, which fall into one of about 400 categories, the lowest being £1,000 the highest being £250,000.

The tariffs for loss of one arm is £40,000 for both £110,000 and the loss of a leg below the knee £33,000 above the knee is £44,000 and for both legs £110,000. .

Where the applicant has suffered multiple injuries he will be paid the tariff amount for the highest rated injury, plus 30% of the second highest rated injury and where there are three or more injuries 15% of the tariff amount for the third highest rated injury.

Financial Losses

In addition to Compensation for pain and suffering the scheme will pay towards loss of earnings, the cost of private medical treatment, care and prosthetics. However, the scheme will not pay anything for the first 28 weeks of loss.

Cap on damages
The total maximum compensation payable under the scheme is £500,000.

Costs
The scheme does not pay towards legal costs. However, in serious injury cases, whilst it is not essential to have lawyers on board, it can be very helpful in maximising the damages award and wading through the red tape of the scheme. Lawyers’ fees will need to be paid out of the damages award. Many lawyers will act on a contingency basis; that is they do not get paid until the end when they will receive a percentage of the damages award.

The scheme does not extend to criminal injuries sustained by UK citizens outside Great Britain, so those injured or killed in the Bali or recent Egyptian bombings are not covered. For criminal injuries suffered anywhere else, it is necessary to check whether the country in which the injury occurred has its own version of the criminal injuries compensation scheme (not very likely in the developing world) and if so what the particular requirements of the scheme are.

Changes
As a consequence of ever tightening government purse strings and in recognition of the need to support seriously injured victims of crime, there are proposals for the existing scheme to the revised. The focus of the new scheme will be serious injury cases. The current award limit of £500,000 would be removed and people who had suffered minor injuries i.e. fractured ribs, minor scars, broken teeth would be excluded from the scheme but would be provided with practical support such as help with improving home security, immediate financial assistance such as dental care and other costs, and access to counselling and other services for victims.

It is not known as yet whether the proposals are likely to be implemented. Watch this space.


Saira Habib of Leigh Day & Co
Limb Loss Legal Panel