CICA - Pre-existing Condition.

Criminal Injuries Compensation Scheme 2008

Compensation for Criminal Assault.

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  CICA Criminal Injury Compensation Claims. Pre-existing condition.

The minimum tariff award by the CICA is £1,000. If your injury in insufficient to qualify to this level, then you will receive no award. The Criminal Injuries Compensation Authority can still apply a reduction to your compensation to take into account your behaviour, before, during and after the incident. If your application is reduced by say 25%, then you would only receive £750.

In some cases before the CICA, the criminal assault exacerbated an already existing condition. The obvious problem is one of causation. This means that you have to adduce evidence to demostrate that the assault has actually caused the condition to become far worse. For example, you already suffer from a mental anxiety, then you will have to somehow show the CICA that the assault caused you significantly further mental anxiety, not just a continuing symptom of the original condition.

As you can imagine, this is very difficult to show. If the claimant can show the CICA that they have a more significant injury, requiring say, intervention by a psychiatrist or psychologist, then a higher award would be appropriate. If the applicant can only show that they have a temporary disabling mental anxiety, then it is unlikely that an award will be made. The applicant would have to show that the assault was sufficiently serious to qualify for compensation equal to at least the minimum award under the Scheme..

Where the injury has the effect of accelerating or exacerbating an already existing condition, then the compensation will only reflect the degree of exacerbation or acceleration. All awards under the CICA Criminal Injuries Compensation Scheme include compensation for the degree of shock that a person might normally suffer when they have been injured in an assault. The CICA will only make a specific award for the psychological effects of an incident only if this would be equal to or higher than the award for the physical injuries or if there were no qualifying physical injuries.

Please telephone us on FREEPHONE 0800 169 3683, for free advice on how to begin your CICA criminal injuries compensation claim.

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Latest article on Criminal Injury Compensation Claims (CICA)...

Dog Attack

The CICA will only award criminal injury compensation to someone injured by a dog bite if the act was a violent criminal act. The CICA will consider awarding criminal injury compensation in dog bite cases if a person set the dog on you on purpose. For example, the handler of the dog encouraged the dog to bite you, or the owner of the dog failed to control the dog, knowing it to be of a vicious nature. Similarly, if a vicious dog was being controlled by a small child, then this may well be reckless behaviour and an award may be made. As ever, these type of criminal injury claims turn on the circumstances of each case. If you have been injured in a dog bite case and it does not fall into the above categories, telephone us for advice on other ways to gain compensation.

We represent claimants on a no-win, no-fee basis. If you would like us to represent you in a criminal injury claim, please telephone freephone 0800 169 3683.