What if the criminal does not pay the compensation order?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    What if the criminal does not pay the compensation order?

    If you make a claim for personal injury after a road traffic accident or because you have been injured at work, you know that you will receive your money if your claim is successful because motorists and employers have insurance. However, this is not the case with criminals. If you are injured following an assault, mugging or other criminal activity, or you have been left with psychological trauma after witnessing a crime, how do you get damages?

    Criminal injury compensation through the courts

    Criminal injury is classified as any injury that occurred due to the illegal acts of another person. It can be physical, such as that which occurs as the result of an assault, or psychological, such as the trauma caused by being the victim of a crime. In addition, witnesses can also suffer psychological harm because of a crime. If you have suffered an injury because of someone else’s criminal activity, it is only right that you receive compensation.

    In many cases, when a criminal is caught and prosecuted, they are given a compensation order, which means they have to pay compensation to the victim of the crime.

    However, sometimes criminals do not have the means to pay damages. Furthermore, not all perpetrators of crime are caught or prosecuted, so how do you get your compensation?

    What is the Criminal Injuries Compensation Authority?

    If you are injured following a criminal act, you don’t have to make a claim for damages against the person who committed the crime. This means that even if the perpetrator of the crime hasn’t been caught or doesn’t have any money, you still get your compensation. Damages for criminal injury are paid by the Criminal Injuries Compensation Authority (or CICA), which is a government funded body that pays damages to victims of crime and witnesses regardless of who committed the criminal act and whether or not they were ever caught or prosecuted.

    How much will I receive in damages?

    The CICA pays damages up to £500,000. To qualify, the crime has to have been recorded by the police and you must have sustained either a physical or a psychological injury that has been treated by a physician or other medical professional. All claims are calculated depending on the severity of the injury and the impact it has on a claimant’s life. However, to ensure you get everything you are entitled to, it is best to speak to a personal injury solicitor who can help you get the compensation you deserve.

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