Can you re-open a criminal injury claim
The CICA (Criminal Injuries Compensation Authority) is a government body that deals in awarding compensation to victims of crime who have been physically and/or psychologically injured in some way.
Once an award has been made and accepted it is usually the end of the claims process for many people under the CICA scheme.
There are however instances where an injury or symptoms can later deteriorate or may after a certain period of time fall into a different level of injury under the CICA’s Tariff of Injuries. If your case relates to sexual abuse or related offences you may wish to calculate your potential award using our specialist online tool. Such claims are renowned for being under-valued.
If this is the case there are circumstances in which the CICA may consider re-opening a claim once settled, provided there is sufficient medical evidence to support any deterioration or worsening of injuries.
Following the changes to the CICA scheme on 27th November 2012, this would apply to cases that are being dealt with both under the previous 2008 scheme and the current 2012 scheme respectively.
What is needed to re-open a claim?
Under both the 2008 and 2012 CICA schemes, there is a two year time limit to apply to have a claim re-opened from the date an award is accepted.
A claim can be considered again if:
- There has been a material change in a medical condition and that an injustice would be made to an applicant if the original decision is allowed to stand;
- An applicant has since passed away as a result of the injuries
If an application to re-open a claim is received more than two years after the original decision, the CICA may still consider this provided:
- There is enough further evidence provided in support of the application and;
- There would be no need for the CICA to make further extensive enquiries
How much additional compensation is awarded?
This will likely depend on the nature of the injuries sustained and the amount of compensation that was originally awarded. In the majority of cases the CICA will usually calculate the new claim by off-setting the original award against any further award that may be made.
If an award of £1000.00 has been accepted by an applicant, and an award is re-assessed as £2,000.00, the CICA will usually deduct the £1,000.00 already paid. This would therefore leave a remaining amount of £1,000.00 additional compensation.