Can I Claim On Someone Else’s Behalf For A Fatal Assault?

This article contains information about making a criminal injury claim on behalf of a loved one who passed away following a fatal assault. We will provide information about family members that may be eligible to make such a claim.

fatal assault

Fatal Assault Claims Guide

Additionally, we will discuss different types of compensation that could be included as a part of a settlement. Furthermore, we will look at the benefits that a No Win No Fee agreement can offer in your claim.

If you have lost a loved one to a violent crime, you may be eligible to claim compensation. Read on to learn more about the claiming process, or contact one of our advisers to ask your questions directly. You can contact us by using the following methods:

Choose A Section

  1. A Guide To Claiming For A Fatal Assault
  2. When Do I Qualify To Claim On Someone Else’s Behalf For A Fatal Assault?
  3. Compensation Claim For An Assault – What Could I Receive?
  4. What Evidence Could Help Seeking Violent Crime Compensation?
  5. How Can Our No Win No Fee Solicitors Help?
  6. Learn More About Claiming For A Fatal Assault

A Guide To Claiming For A Fatal Assault

A fatal assault is one in which the victim of an attack ultimately dies from their injuries. Many different situations could become fatal, including:

  • Physical assault
  • Manslaughter
  • Murder

This guide contains information about applying for criminal injury compensation through the Criminal Injuries Compensation Authority (CICA), the government executive agency through which victims of violent crimes can claim when no other avenues are available.

A claim for fatal assault may be made via other channels, such as against the perpetrator directly or against a third party that was vicariously liable for the death. However, if you do not know the perpetrator’s identity or they do not have adequate financial assets to compensate you, and there is no vicariously liable party, you may be eligible to claim through the CICA. It is this method of claiming we will examine in this guide.

Call our advisers if you have further questions about making a criminal injury claim. They can help you determine which avenue may be best for your potential claim and offer insight into how long a criminal injury claim could take.

When Do I Qualify To Claim On Someone Else’s Behalf For A Fatal Assault?

Certain individuals are eligible to begin a fatal injury claim on behalf of someone else. These individuals, known as ‘qualifying relatives’, include:

  • The deceased person’s spouse or civil partner living in the same household
  • A partner living with them continuously for at least 2 years prior to their death
  • A partner who did not live with the deceased because of infirmity or ill health, but would have otherwise
  • A current or former spouse or civil partner who was financially dependent upon the deceased
  • A parent of the deceased
  • A child of the deceased

Different qualifying relatives may receive different types of compensation depending on the circumstances. Below, we look at some of the payments that could be awarded to qualifying relatives of the deceased.

Child Payments

A qualifying relative who was dependent upon the deceased for parental services and under the age of 18 at the time of their death may receive a child payment. This amounts to £2,000 a year, on a pro-rata basis, from the date of death to the day before the child’s eighteenth birthday.

They could also receive additional amounts that relate to expenses the child suffers as a result of the loss. These payments are delivered in a single lump sum.

Bereavement Payments

Bereavement payments may be made to qualifying relatives who are not former spouses or civil partners, and who were not estranged at the time of the death. This payment amounts to £11,000 to a single eligible person or, if more than one person is eligible, £5,500 to each.

Dependency Payments

Dependency payments can be made to any qualifying relative who was financially or physically dependent upon the deceased. This payment commences from the date of death.

In addition to the payments described above, the scheme can provide up to £5,000 for funeral arrangements. Contact our advisers to discuss the criminal injuries compensation amounts that could be awarded in fatal assault cases.

Compensation Claim For An Assault – What Could I Receive?

The compensation for fatal assault is based upon the CICA tariff of injuries determined in the Criminal Injury Compensation Scheme 2012. Below, we’ve included a table outlining some of the payments that could be made to the qualifying relatives of a deceased individual. Alternatively, you can use our compensation calculator to see how much you could be owed.

[table id=40 /]

Contact our team to discuss claiming compensation. Our advisers can help you understand how much the families of murder victims could get in compensation and explain how to use a criminal injury compensation calculator.

What Evidence Could Help Seeking Violent Crime Compensation?

To begin a fatal assault claim through the CICA, you must show you meet the eligibility requirements. These include showing that the crime:

  • Occurred in England, Scotland, Wales, or another ‘relevant place’
  • Meets the CICA’s definition of a crime of violence as found in their 2012 Scheme
  • Was reported to the police as soon as possible

You may also be asked to produce certain pieces of evidence. These could include:

  • Documentation to show you meet the CICA’s requirements for residency
  • Medical evidence regarding the injuries sustained during the assault
  • Financial evidence to support any request for special expenses
  • A police reference number. The police will then be able to confirm that the crime was reported and whether there are any factors of the case that could affect the award (for example, whether the deceased had any unspent criminal convictions that could impact the award)

Criminal injury compensation claims must also be started within the CICA claim time limit. This is two years of the date the incident was reported to the police.

A report should, generally, be made as soon as possible following the crime. However, you should speak to our advisers on this matter, as your claim may still be considered outside the standard two-year time limit providing that extenuating circumstances prevented you from doing so.

How Can Our No Win No Fee Solicitors Help?

A lawyer could make the process of claiming fatal assault compensation easier. The criminal injury solicitors on our panel have years of experience that they could apply to help you with your claim.

The solicitors on our panel could offer you a kind of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). The terms of this agreement mean that you do not usually have to pay for your solicitor’s fees if your claim fails. Also, you normally don’t have to pay upfront to begin a claim or during the process itself.

Instead, your solicitor would take a success fee from your compensation if your claim is ultimately successful. The amount a solicitor can take as a success fee is subject to a legal cap.

Contact Us For Free Legal Advice To See If You’re Entitled To CICA Compensation

Making a call to our helpline is free, and it will put you in touch with a team of advisers to help you understand your potential claim’s merits. Afterwards, there is no obligation to continue using our services. It is free, legal insight into your current circumstances.

Learn More About Claiming For A Fatal Assault

Further guides that may be of use:

What Is A CICA Claim? – A Step-By-Step Guide

When Can Rape Victims Claim Compensation?

Can I Claim Compensation For Attempted Murder?

Third-party resources on related topics:

Homicide: Murder And Manslaughter – Crown Prosecution information about charging an individual with homicide

Victim Support – Charity that works to support the families of those who have experienced violent and traumatic crime

Your Rights After A Crime – Government resource detailing the rights you or a close relative have experienced a crime

Thank you for reading this article about claiming criminal injury compensation after a fatal assault. Our advisers are available to answer any more questions you may have. Contact us using the information below.

Writer Morgan Fink

Publisher Fern Smithers