CICA

Have you been injured through the act of violence through no fault of your own?

…If so, then carry on reading as you may be eligible for compensation! The Criminal Injuries Compensation Authority (CICA) deal with compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime.

There is no legal definition of the term “a crime of violence” Examples of physical attacks which would usually qualify for compensation are contained within the CICA scheme. If your assault falls within one of the following it is likely you will be eligible for compensation;

• A physical attack
• Anything else of a violent nature which causes physical injury
• Any kind of threat to a person which causes fear of immediate violence
• A sexual assault where a person did not consent
• Arson

A crime of violence will not be considered to have been committed for the purposes of the CICA scheme if, in particular, an injury;

• Resulted from suicide or attempted suicide, unless the suicidal person acted with intent to cause injury to another person
• Resulted from the use of a vehicle, unless the vehicle was used with intent to cause injury to a person
• Resulted from an animal attack, unless the animal was used with intent to cause injury to a person
• Was sustained in the usual course of sporting or other activity to which a person consented by taking part in the activity
• Was sustained in utero as a result of harmful substances willingly ingested by the mother during pregnancy, with intent to cause, or being reckless as to injury to the foetus.

Unfortunately, there are times when the CICA will refuse to make any award at all and this can be for numerous reasons. For example, it may be that the CICA feel that the assault has not been reported to the police quickly enough. The CICA may feel that the incident is not a “violent crime” as such. However, just because a CICA award is refused, it does not necessarily mean that ultimately an application will not be successful.

It is always possible to request a “review” of a decision made by the CICA. A written application must be made within 90 days of the decision, with any additional evidence in support enclosed. The CICA will then reconsider its position.

Nayyars Solicitors are specialist in making claims for people who have been injured in a crime of violence. Please feel free to contact us for an initial conversation about whether you would be eligible for a claim from the Criminal Injuries Compensation Authority.

Faaria Basharat

Paralegal