I am trying to reach agreement a financial settlement for my divorce. I understand the usual assets to be included in a settlement. Property, Shares and Pension, but my former spouse is going to receive compensation for a CICA claim.
I've heard of a Personal Injury claim, but I don't know what a CICA claim is.
A CICA claim is a compensation claim for injury caused by a violent criminal act. The attacker does not need to be convicted for a successful claim to be made. Many people wait until the Court hearing, before submitting a claim, but they do not need to as compensation is not dependent on a conviction.
I know my former spouse is eligible for compensation, but I'm told the way a CICA claim is valued is very different from a PI claim.
The CICA is a government organisation that pays compensation to blameless victims of crime. It has a set of tariffs for about 400 different injuries. Each injury has a specific value that ranges between £1,000 and £250,000.
The injuries suffered include a fractured skull and cheekbone.
The CICA has a fairly complicated method of calculating multiple injury compensation. The injury with the highest CICA tariff is awarded 100% of the tariff. The injury with the next highest CICA tariff is awarded 30% of the tariff. If there is a third injury that would be awarded 15% of the relevant tariff.
I would like to be a accurate as possible in calculating the amount of compensation my former spouse is likely to be awarded.
The easiest way to calculate the amount of compensation the CICA is likely to award is to use a Criminal injuries compensation calculator.
The assault happened about six months ago, and a claim was made fairly soon after.
The CICA usually take around a year to obtain all the information they need before then awarding compensation. However if the CICA is waiting for a prognosis on a serious injury this can take longer. The CICA indicate a year, but in Winston Solicitors experience cases can take as little as 3 months and as long as 5 years, depending on the severity of the injuries.