Criminal Injuries Compensation
A close family member can claim compensation on behalf of a loved one if they die from their injuries due to a violent crime.
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.
Who Can Claim for Criminal Injuries Compensation?
There are several types of people who can claim for criminal injuries compensation, from children to former spouses and dependents.
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 if they were financially dependent upon the deceased at the time of death, but they cannot 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.
Financial Dependency Claim
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 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 from 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 might still be able to claim a dependency award for the death of a husband or wife, for instance, if they can show that they were in full-time education or were a carer.
The calculation for 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.
Caring Dependency Claim
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 on your well being
The relevant family member can claim a CICA dependency award in the same manner as a financial dependency award.
Fatal Injury Claims & Funeral Expenses
These are currently limited to £2,500 for immediate payment if the family qualifies 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.
Compensation Claims for a Murdered Relative
There is nothing more emotive than losing a loved one due to a criminal act such as murder. The devastation can only be imagined by those not affected. Even perhaps more hurtful is if the murder is by a family member, husband or wife, for instance, or the murder of a child.
The unthinkable regrettably does happen, but what can the family victims left behind do?
Criminal Injuries Compensation for Murder
The death of a loved one due to a murder or manslaughter charge may result in a claim for compensation against the Criminal Injuries Compensation Authority CICA.
The CICA is set up by the Government to help victims of crime by making a compensation award to certain family members who have been affected by the death of a loved one.
The compensation award is similar in a certain respect to a normal claim for fatal accident compensation claims in the civil courts. The CICA have a tariff of compensation awards which includes murder claims, and thus a bereavement award and dependency claim can be made.
Compensation Can Help Given the Circumstances
Nobody is ever suggesting that a lump sum compensation award for a fatal injury claim on a charge of murder or manslaughter can replace the loss of a relative. But compensation for a murdered relative may help those family members left behind, particularly if there are young children or the breadwinner has lost his or her life due to a crime.
The compensation may help towards child care, education and protect their future. Family members struggling to make ends meet will find it easier to cope with the everyday life and bills that keep on coming in. The loss of a loved one due to a crime, the criminal act does not stop bills.
Affected family members, even if they were working at the time, may not be able to come with returning to work for a long period of time or at all. Again this can result in a loss of income, or if children have to be looked after, the working parent may not be able to return.
Whatever the circumstances, compensation for the murder of a relative due to a crime may be payable even if the perpetrator is known to the victim.
Making a Claim for Criminal Injuries or Murder Compensation
Criminal injury compensation is payable. 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 you and your family. We work under a No Win, No Fee Solicitor service, so you have no financial worries in instructing specialist solicitors.
If you are looking for compensation for a murdered parent or relative, please contact us for help and advice.