Bereavement Award and Criminal Injuries Compensation
A close family member can claim compensation on behalf of a loved one if they die as a result of their injuries due to a a violent crime. Here if the perpetrator is caught they will be charged with murder or manslaughter.
Criminal Injuries Compensation for a bereavement award can be made providing that the family members who are entitled to claim of sufficiently a close relative to claim similar to the Fatal Accidents Act 1976.
As a qualifying relative under s 59 of the Scheme is designed to ensure only close members can claim.
There is no age limit for a ‘child’ so children of the deceased can claim even though they are over 18 years of age and a child who is born after the tragic event.
A token award of compensation will be payable to the children of the deceased for the loss of a parent’s love and affection and care and supervision etc providing that the child was receiving such parental care at the time of death and that the child or children were under the age of 18 years at the time of loss.
The child’s payment is £2,000 for each full year, proportionally reduced for part years. There may be additional payments for expenses incurred by the child as a direct result of the loss. Compensation may be retained until the child or children are 18 years of age but they may receive advanced payments for their education and welfare.
A former spouse may claim for Criminal Injuries Compensation can be awarded if they were financially dependent upon the deceased at the time of death but they are unable to claim for a bereavement award.
Similarly if you are a former Civil Partner registered under the Civil Partnership Act 2004 and were financially dependent upon the deceased a dependency payment can be made but no compensation for a bereavement award.
Qualifying Relatives & Bereavement Award
A claim for Criminal Injuries Compensation for a bereavement award can be made if you are not divorced or estranged from the deceased at the time of death.
Who Cannot Claim for Criminal Injuries Compensation?
If you are not a ‘qualifying person’ of the deceased and:
- a person who was responsible for the death of the deceased and
- a reduction of compensation or that the criminal injuries compensation may be withheld if by the Claimant’s conduct or that of the deceased may have led to or contributed to the death/fatal injury. In addition if there is a history of criminal convictions, these may also be taken into account to reduce any award.
Dependency upon the Deceased
A dependency award for Criminal Injuries Compensation is in addition to any bereavement award. Generally speaking the ‘dependent’ family member must have been financially or physically dependent upon the deceased at the time of death in order to obtain an award of compensation. The conditions of dependency to claim must satisfy the conditions of s 43 of the Criminal Injuries Scheme. No claim is normally made for financial dependency if the deceased was solely reliant upon Government benefits as their main income which differs somewhat than if a claim was being made under the Fatal Accidents Act 1976. If the deceased was not working a family member who qualifies under the Scheme may still be able to claim for a dependency award for the death of a husband or wife for instance, if they can show that they wre in full-time education or was a carer for instance.
The Calculation for a dependency compensation for Criminal Injuries will be for the period of the dependency at the weekly rate of statutory sick pay, if there are multiple relatives who qualify for a dependency award, it will be shared equally.
If the deceased was the Claimant’s main carer for physical needs such as:
- food preparation
- generally looking after you and keeping a watchful eye for your well being
The relevant family member can claim for a CICA dependency award in the same manner as a financial dependency award.
These are currently limited to £2,500 for an immediate payment if the family qualify and a further payment of £2,500 as a ‘flat rate’. Most basic funeral costs will be covered but an additional payment may be made for expenses.
Making a Claim for Criminal Injuries Bereavement Award
Making a claim is simple with the fatal accident claim solicitors. We shall deal with all of the paperwork and gather the evidence you need to take the stress and strain from from you and your family. We work under a No Win, No Fee Solicitor service so you have no financial worries in instructing specialist solicitors.
Contact us now for advice and support, the fatal accident claim solicitors.