claim compensation after a crime
This is not a court action and there is no one to sue. It is a government scheme, it has its own rules, and the two things that most often defeat a claim have nothing to do with how badly you were hurt.
The two things that sink most claims
You must have reported the incident to the police as soon as reasonably practicable, and you must apply within two years. Both are strict. The scheme can waive them, but only in defined circumstances, and it is not something to rely on. If you have been assaulted and have not reported it, report it.
What the scheme is
The Criminal Injuries Compensation Authority runs a statutory scheme funded by government for people injured as a result of a crime of violence. It operates across Great Britain, so the same scheme applies in Scotland as in England and Wales, and it is administered from Glasgow.
You do not need anyone to have been convicted, or even identified. The scheme exists precisely because the person who hurt you is often untraced or has nothing to pay with.
Who can claim
Anyone injured in a crime of violence in Great Britain. Also, in defined circumstances, people injured while trying to prevent a crime or apprehend an offender, and relatives of someone who died as a result of a crime. Claims for sexual offences and for injuries sustained as a child are dealt with under specific parts of the scheme.
Why claims get reduced or refused
How much is paid
Unlike a court claim, compensation is set by a published tariff rather than assessed individually. There is a fixed figure for each injury, with rules for multiple injuries. Loss of earnings and care costs can be claimed on top in more serious cases, but only where the injury has caused a loss of earnings capacity for more than 28 weeks, and loss of earnings is paid at a fixed statutory rate rather than at what you actually earned.
This is why the scheme frequently pays less than a court action would. It is also why, where there is someone worth suing, that route deserves proper consideration first.
The alternative: suing the assailant or an occupier
Where the person who assaulted you has assets, or where the assault happened somewhere with a duty to keep you safe — a licensed premises with inadequate security, an employer who failed to protect staff from foreseeable violence — an ordinary court action may be available and may be worth considerably more, because damages are assessed on your actual loss rather than a tariff. The time limit for that is three years, not two.
The two routes interact, and an award under the scheme may have to be repaid if you later recover damages. Take advice before pursuing both.
What to do now
- Report to the police if you have not, and get the crime reference number.
- Get medical attention and make sure the injuries are recorded.
- Note the two year deadline from the date of the incident.
- Take advice on whether there is anyone worth suing, because that route is often worth more.
A note on this page
This is general information about how the law works in Scotland. It is not advice about your situation and it cannot be, because we do not know your circumstances. Nothing here should be relied on as a substitute for speaking to a solicitor about your own case.
Tell us what has happened
We accept enquiries about personal injury and medical negligence claims. If you send us your details, we will read your enquiry and, where it falls within an area we cover, pass it to one Scottish solicitor practice that handles this type of work so that they can contact you.
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