Criminal Compensation: How to calculate the amount of compensation you should receive from the Criminal Injuries Compensation Authority for your personal injuries and other financial expenses
Discover the maximum amounts of criminal compensation you are entitled to claim in the UK, how the compensation is calculated when you have multiple injuries, the amount you can claim for the death of a loved one and the deductions made for any criminal convictions you may have.
How is the amount of criminal compensation for personal injury calculated in the UK?
The 2012 UK Criminal Injuries Compensation Scheme pays a sum of compensation as a reflection of public sympathy for the injuries suffered by innocent victims of crime.
The size of payments are fixed by government guidelines known as a “scales” or “tariffs” – these set out the maximum levels of compensation that may be awarded for each type of physical and psychological injury.
Click criminal injuries compensation average payouts to see the current guidelines for payments for all types of injury by the CICA.
Does your criminal injury claim have to be worth over a certain amount?
“Yes” – for you to succeed in an application for criminal injury compensation your injuries must be worth at least £1,000.
If you have three minor injuries which are worth less than a £1,000 each – the CICA may decide that together they should be worth the £1,000 minimum limit so you claim may still succeed.
What are the maximum levels of criminal injury compensation that you can receive?
Depending on the type of personal injury you have suffered – there are 25 maximum levels ranging from £1,000 to £250,000.
In addition if you have suffered financial losses such as lost income – you can claim a further sum up to £250,000.
The maximum claim overall cannot exceed £500,000.
How is your criminal compensation calculated if you have multiple injuries?
Unfortunately, the CICA will not add the maximum compensation for all your injuries together. Instead the CICA will look at how serious your injuries are and consider the three worst injuries only.
Your total criminal compensation is calculated by adding:
1. The full sum for the worst injury; to
2. 30% of the sum for the second worst injury; to.
3. 15% of the sum for the third worst injury.
Any lesser injuries will have no effect on the total level of compensation you will be awarded.
Who is eligible to make a criminal injury claim for the death of a loved one?
To be eligible to make a criminal compensation claim for the death of a loved one you must be either:
1. The wife, husband or partner (same sex partners who have registered under the Civil Partnership Act 2004) of the deceased.
2. The former wife, husband or partner of the deceased.
3. The unmarried partner of the deceased (if living together as husband and wife) or a partner of the same sex as the deceased (living together as partners) – in both cases you must have been living together for over two years prior to and immediately before the incident.
4. One of the natural parents of the deceased.
5. One of the children of the deceased.
How much criminal injury compensation can you claim for a person killed as a result of a crime of violence?
The amount of UK criminal injury compensation you can claim includes:
1. A sum for the loss of a loved one
This sum depends upon how many individuals are eligible to make a claim for criminal injury compensation.
If you are the only individual who is eligible to make a claim – in 2017 you would receive a fixed sum of £11,000.
If two or more individuals are eligible to make a claim – in 2017 you would each receive £5,500 each.
2. Funeral expenses of the deceased
If your paid for the funeral expenses of the deceased you are entitled to claim this expense, so long as reasonable, whoever you are – even if you are not eligible for an award for the loss of a loved one.
3. Dependency expenses
If you relied on the deceased for income or for care you are said to have been “dependent” on the deceased and so long as you are eligible for criminal injury compensation you will be entitled to a sum to compensate you for this loss.
4. Loss of parental services
If you are a child of the deceased under the age of 18 years you are entitled to claim an additional sum to compensate you for the loss of the tasks that a parent would normally carry out on your behalf.
In 2017 this rate would be £2,000 for each year until you reach the age of 18 years.
Even if the deceased made a criminal injury compensation claim for his injuries before he died – you are still able to claim compensation if his injuries later led to his death.
Are there any reasons the sum of criminal compensation you are entitled to may be reduced?
“Yes” – your criminal convictions both before and after the incident that caused your injury will be taken into account when deciding the amount of UK criminal injury compensation you are entitled to.
For example – a recent conviction resulting in over 30 months imprisonment will likely reduce your claim to zero. Other less serious criminal convictions will reduce your claim by a percentage.
There are no fixed rules for the reduction in your compensation due to criminal convictions – it is at the CICA’s discretion.
Criminal Compensation Summary & Next Steps
You now know all about how the Criminal Injury Compensation Authority decides the amount of criminal compensation you are entitled to receive, how much compensation you can expect for the death of a loved one and the effect of criminal convictions on your claim.
We recommend you see our criminal injury lawyer article to find out which type of solicitor is best able to help you make a criminal injuries compensation claim.