CRIMINAL INJURY COMPENSATION - FATAL INJURY
UNLAWFUL KILLING – MURDER & MANSLAUGHTER
Unlawful killing is a verdict that can be returned by a Coroner’s Inquest which implies breach of criminal law and includes murder and manslaughter. Almost all offences involving unlawful killing can be used to base an application to the Criminal Injuries Compensation Authority (CICA). Damages for fatal injury resulting in charges of ‘causing death by dangerous driving’ are handled by the motor vehicle insurers or in uninsured or untraced cases by the Motor Insurers Bureau :-
This is the offence of killing a person with intent to kill or to cause grievous bodily harm. The penalty for murder is a mandatory life sentence and murderers are only released from prison when they have served a period (currently known as the ‘tariff’) considered necessary to meet the requirements of retribution and deterrence and when they are no longer a risk to society.
This is the offense of killing a person but considered by law to be less culpable than murder which requires intent or malice aforethought. Manslaughter is subdivided into voluntary and involuntary killing. Voluntary manslaughter implies intent but with mitigating circumstances such as provocation and involuntary manslaughter implies death caused by gross negligence or recklessness without intent.
Criminal Injuries Compensation Authority
This governmental agency was created for the purpose of compensating victims of violent crime for their injuries. The CICA operates out offices in London and Glasgow. The CICA scheme covers residents of England, Wales and Scotland. Northern Ireland operates under separate legislation.
The CICA operates a tariff scheme whereby injuries are classified according to severity and placed into an appropriate band. Each band is assigned a specific value to be paid to victims suffering that particular type of injury.
Fatal Injury Compensation
In fatal injury cases of unlawful killing including murder and manslaughter individuals eligible to claim compensation from the Criminal Injuries Compensation Authority include :-
A parent or child, including those who are not the natural parent or child but who were accepted as such by the deceased.
The legal spouse of the deceased, if that spouse shared a residency with the deceased immediately before the date of death.
A partner who was living with the deceased and had been doing so for at least two years before the date of death - this includes same sex partners.
A former spouse who was financially supported by the deceased immediately before the date of death may be eligible for a reduced amount of compensation for dependency.
The bereavement award made by the Criminal Injuries Compensation Authority
in a fatal injury claim depends on the number of claimants. If only one person is entitled the award is £11,000. If there is more than one claimant each will receive £5,500.
The Criminal Injuries Compensation Authority can make awards to other qualifying recipients who may have been supported by the deceased.
The CICA will pay reasonable funeral expenses to the person who settled the account.
No Win No Fee
There is no requirement that the offender be identified, apprehended or convicted in order to receive an award from the Criminal Injuries Compensation Authority. We deal with claims using the no win no fee scheme which means you pay no legal fees or expenses if your claim is unsuccessful. If you would like free legal advice without obligation simply telephone our helpline to speak with a specialist solicitor who is a member of the Law Society panel of personal injury experts.