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What Proof Do I Need for My Criminal Injury Claim to Succeed?

Types of Proof

Whilst CICA will undertake its own investigation into your criminal injury claim, you will be expected to provide a number of different forms of proof. These may include police reports, medical evidence, and evidence of your current earnings.

Proof Of Crime

Since the CICA scheme is designed to allocate compensation to blameless victims of crimes of violence, you will need to prove that you reported the incident to police as soon as possible. This does not mean that the police need to have caught the perpetrator, nor that a conviction is necessary. Indeed, it may be that the police never took any action whatsoever. All you must prove is that you did everything within your power to report the crime at the time, and that you cooperated with the investigation in any way that was required of you. This may mean that you will need to be able to provide evidence not only of the initial report, but of any witness statements that you gave or identity parades that you attended. CICA will also seek to confirm with the police that you were a blameless victim of crime, and that you did not contribute to the violence.

Medical Evidence

You will also need to be able to to prove that you suffered from an injury, and that it was the result of a crime of violence. You can do this through the medical records of your doctor, whether you were treated by a GP or at a local hospital. Any injury suffered will need to have fallen into the minimum category for which CICA awards compensation, which you can ascertain either by consulting a solicitor or by taking the CICA schedule of compensation to your doctor and asking for their advice. In general, the injury must have required at least two visits to a medical professional, and must still have been causing some residual problem for six weeks or more after the crime. If there is any doubt about your injury, or its severity, CICA may well ask for you to attend a medical examination by one of their independent experts.

Loss Of Earnings

Whilst most criminal injury claims involving CICA only receive compensation for the injury suffered, it is possible in certain circumstances to also receive money for loss of earnings and other such financial impacts which have flowed directly from the criminal act. If you are looking to claim for these special damages, you will need to be able to prove your income for at least the last three years, along with documentation of your income since the injury. If you have not had any income previously but are seeking damages for the loss of future earnings, you will need to be able to prove that you were very likely to obtain employment until the injury hampered your chances. CICA will not accept your word on these matters, and you are likely to require legal advice to reach the necessary standard of proof for such a claim.

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