What to do if you miss the claim application 2 year deadline
If you have suffered personal injury or sexual assault as a result of a criminal act you may be able to claim compensation through a government scheme managed by the Criminal Injuries Compensation Authority (CICA).
The scheme has a number of criteria which can determine eligibility and one common problem victims encounter is the deadline rule.
If your claim is late – we can still help you win your compensation – call us today for a discussion.
If you are unsure as to whether your deadline has been missed you can find out now based on your specific circumstances - use our deadline calculator tool to estimate your application period.
The CICA have a strict rule that suggests you must claim compensation for sexual abuse or assault claims within 2 years of:
- The date of the assault
- The date you report the matter to the police
Or
- If you were a person under 18 at the time of the incident(s) by your 20th birthday (2 years after your 18th birthday).
There are however scenarios where the 2 year deadline is simply an unrealistic target. In fact you could argue it is a deliberately unfair timeframe aimed at creating a narrow window in which victims are squeezed out of claiming what would otherwise be entirely justified compensation. Some leeway is allowed for cases that have just gone through the trial process.
Call us to discuss your case today - 01423 593 002 or complete our enquiry form
Here are some situations that very often lead to an applicant missing a deadline:
- Historical abuse cases
Many victims of childhood sexual abuse find themselves unable to talk about what happened to them. Disclosing to the police can be one of the hardest steps to take and people should be given the freedom to come forward when they are ready and able to. It is however often the case that abuse victims who report the crimes as adults, can actually miss out on compensation due to the deadline being missed. In these cases the deadline is grossly unfair and should be challenged on each and every occasion. More here on domestic abuse cases.
- Mental health issues
If you are unwell and were unable to focus on making a claim it is understandable that you might not make the tight 2 year deadline.
- Delayed court action
Criminal proceedings including the trial can very often take longer than 2 years to conclude. It is not fair or reasonable that you should miss your compensation deadline awaiting the verdict. Victims wrongly (but understandably) believe that a claim cannot be made until the verdict is returned.
- Police advice and coercion
Often the police will persuade victims to not make a claim until the criminal investigation is concluded. However well intended this advice is it could mean that the two year window is missed and there is no prospect to claim compensation.
IF ANY OF THE ABOVE SITUATIONS APPLY TO YOU – we can still help you win your compensation and have a proven track record against the CICA.
If your case involves a single one off incident you may wish to view our rape assault page.
Have you suffered through modern slavery or trafficking?
We can advise you on your rights to claim if you have been trafficked or subjected to illegal working practices - read our compensation for modern slavery or sex trafficking page.
You may wish to check your potential award using our sexual abuse compensation calculator to have an understanding of your entitlement.
Call us to discuss your case today - 01423 593 002 or complete our enquiry form
