CICA MURDER COMPENSATION CLAIMS

Most claims to the CICA for fatal injuries are as a result of murder. As in all CICA cases thee is no requirement for the perpetrator of the offence to be apprehended, prosecuted or convicted. All of the other CICA rules are applicable and in particular application for compensation must be made within two years of death, the victims behaviour before, during and after the incident is considered as is the victims record of ‘unspent’ convictions.

The charge of murder is a common law offence and is charged as a result of an unlawful killing when the attacker intended to kill or intended to cause serious bodily harm. This offence carries a mandatory life sentence. A murderer will only be released if they are no longer deemed to be a risk to society.

In cases of fatal injury the amounts payable by the CICA are different to those in a non fatal case and may be summarised as follows :-

Funeral Expenses

No sums are payable to the estate of the deceased except to the extent that the person administering the estate may have paid for the funeral expenses. The CICA will pay the reasonable costs for the funeral to the estate or to any other person who paid the funeral account.

Bereavement Award

The CICA will pay a fixed sum on death to a claimant (or claimants) and that sum is determined by reference to the tariff bands. This figure does not take account of any dependency claim which is a separate item (below) but is in line with payments on death in civil negligence personal injury claims (bereavement allowance). If there is a single claimant the current amount is currently £11,000 and if more than one the payment is £5,500 for each qualifying applicant. Only those who fall into the following categories are entitled to apply provided that they were not responsible for the death:-



• cohabitee living together for at least 2 years
• spouse or civil partner
• former spouse or civil partner in receipt of maintenance
• parent (natural or assumed)
• child (natural, assumed or dependent)

Financial Support for Dependents

A dependent is entitled make an additional claim for financial support provided that the deceased was not in receipt of social security benefits. The amount paid by the CICA is determined after consideration of the applicants and the deceased income, liabilities and expenses in accordance with the CICA regulations which clearly outlined the relevant calculations for claims by dependent cohabitees and dependent children. The amounts payable to the victim and the qualifying claimant or claimants will not in total exceed £500,000.

Our specialist solicitors are members of the Law Society panel of personal injury experts. We offer free initial advice on CICA applications and will review your potential claim and advise on its value. If the claim is refused or the award is inadequate, in appropriate cases, we will appeal the decision. For free advise on risk free no win no fee claims just use the helpline or complete the contact form and a solicitor will speak to you on the telephone without further obligation.