Can I claim compensation for the violent death of someone I love?

Where the death was caused by an act of violence you can:

• Bring a claim against the offender. (This is worth doing only if they have the financial resources to pay both your compensation and legal costs.)
• Bring a claim using the Government's Criminal Injury Compensation Authority (CICA) Scheme.

What does a CICA claim involve?

The main requirements are:

• Your completed CICA application form must be received by the CICA within two years of the incident that caused the fatal injury. (There are exceptions – your lawyer can advise you on this).
• There must have been a criminal act of violence. This includes physical assault, manslaughter or murder. No conviction is needed - the scheme applies even if the offender has not even been charged with the crime.
• You must cooperate with the police. A CICA award will be refused or reduced where the CICA considers your behaviour (before, during or after the incident) justifies this or you have a criminal record.
• You must have a close connection with the person who died. Your lawyer will advise you on the rules.

Do I qualify as a claimant?

Generally a ‘qualifying claimant’ is someone who was (at the time of death) -

• The partner of the person who died having lived together for 2 plus years (there are exceptions)
• The husband, wife or civil partner who was financially supported by the person who died
• Someone who was treated as a parent by the person who died
• Someone who was treated as a child of their family by the person who died

What is the CICA?

The CICA is a Government body that is part of the Ministry of Justice. It administers the Criminal Injuries Compensation Scheme for England, Scotland and Wales providing a free service to victims of violent crime.

It recognises that it can never fully compensate victims and their families following a fatal injury but aims to recognise the suffering and give some financial support that may help them move on.

It is possible to bring a CICA claim even though the victim already received an award for his injuries before he died. Special rules apply.

What can the CICA pay?

The CICA can pay compensation. The maximum amount payable to all the qualifying claimants will not exceed £500,000.

Legal costs are not paid. The CICA is set up so that you do not need to use the services of a firm of solicitors. If you find legal help beneficial your legal costs would be deducted from the compensation. Organisations such as Victim Support can assist with completing the application form.

What type of compensation could I claim?

• Funeral expenses that are considered reasonable by a claims officer. Account will be taken of the religious and cultural background of the victim and their family.
• A Bereavement award - a fixed payment to reflect the grief suffered. There are specific rules of the level of award, which is likely to depends on the number of qualifying claimants.
• Loss of support of a parent - intended to cover the loss of help and support and services that would have been provided to a child (under 18) if their parent had not died.
• Dependency award – for any qualifying claimant who can show that they were financially or physically dependent on the person who died. For example, the claim could be for income or the cost of replacing care services.

A complex calculation is carried out to calculate awards in accordance with a CICA formula.

How can QualitySolicitors help bring a CICA claim?

Our Fatal Injury Law Team cannot recover our legal costs from the opponent or CICA. Therefore we do have to charge for our service.

The CICA scheme can be followed without the help of a lawyer. However, the calculations following a fatal injury are quite complicated. The application form (with guide) runs to 12 pages and the full scheme guide runs to 55 pages.

With a time limit of 2 years, you need to proceed with the claim even though you may still be traumatised by the loss of your loved one. We can usually offer:

• 30 minutes of free telephone advice. Find out whether you can claim, who else would be a qualifying claimant and the types of awards that you could apply for. We can also advise you on the evidence and information that you will need.
• A comprehensive service - we complete the application for you, help you collate the evidence, prepare the calculation and negotiate with the CICA on your behalf.

What would QualitySolicitors charge me?

The charge depends on the complexity of your case and the time we need to spend on it. However our genuine ‘no win no fee’ contingency fee agreement would guarantee that you keep at least 80% of the final award.