Advice On Assault Compensation Claims
If you have been injured in an assault, our specialist solicitors can help with assault compensation claims.
£85 million in compensation
Advice On Assault Compensation Claims
If you have been injured in an assault, our specialist solicitors can help with assault compensation claims.
Assault Compensation Claims – A Step-By-Step Guide
Did you know that you can claim compensation if you are assaulted and suffer an injury? This guide explains exactly how to make a criminal injury claim in response to the incident, as well as explains the ins and outs of assault compensation claims. Specifically, we focus on claiming through the Criminal Injuries Compensation Authority (CICA).
Essential Information
- You can claim for various types of assault, including common assault, Actual Bodily Harm (ABH), Grievous Bodily Harm (GBH) and domestic violence
- Various injuries could be suffered in an assault, such as broken bones, scarring and dislocations.
- The CICA can award you compensation for up to 3 injuries you suffered in the assault.
- The general time limit to start a criminal injury claim through the CICA is 2 years from the date of the incident
- Our expert solicitors here at JF Law offer their legal aid on a No Win No Fee basis
If you have any questions that require a fast response, please get in touch now using the contact information below. We’d be more than happy to help:
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Call us for free on 0151 375 9916
Contact us online
What Are Types Of Assault?
There are 3 types of assault: common assault, actual bodily harm, and grievous bodily harm. Below, we explain each of these:
Common Assault: This is when an individual intentionally or recklessly causes another to fear unlawful violence. It does not require physical violence to have occurred.
Actual Bodily Harm: This is a type of assault that causes harm to a person’s health or comfort, but doesn’t involve a serious injury such as a deep wound or broken bone.
Grievous Bodily Harm: This is a serious offence where serious bodily harm is inflicted on a person, such as broken bones, deep cuts or a severe psychological injury like PTSD.
If you have experienced one of these types of assault or you need guidance on which type of assault your injuries fall under, please don’t hesitate to contact us.
What If I Have Suffered Domestic Violence?
If you have suffered domestic violence, you could claim directly against the perpetrator or through the CICA. However, there’s some important information you need to be aware of.
Domestic abuse can include physical and sexual violence, but it can also involve verbal, emotional and financial abuse. Whilst all these types of abuse are valid, you can only claim through CICA for domestic abuse if you have experienced a physical or mental criminal injury.
Moreover, when it comes to claiming against the perpetrator, you not only need to prove you know who they are, but you also must know that they have the means to compensate you. If they do not, you could make your claim through the CICA.
If you’d like to talk to a professional regarding which avenue of claim is best for you when it comes to domestic violence, please have a chat with us today so we can assist you.
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How Can I Claim For Injuries Caused In A Violent Attack?
There are 3 different avenues you can go down to claim for injuries caused in a violent attack.
The first is making a claim directly against the perpetrator. This only applies if you know who the perpetrator is and if they have the means to compensate you for your injuries.
Secondly, you may be able to claim against a vicariously liable party, such as a school or your employer, if they had a duty of care to ensure your reasonable safety and they failed to uphold this, causing you to become injured in a violent attack.
When it isn’t possible to claim against the perpetrator or a vicariously liable party, you could claim through CICA. This is a government body that awards compensation for violent crimes in England, Wales and Scotland, and you will need to satisfy the following eligibility criteria:
You must be a victim of a crime of violence as defined by Annexe B of the Criminal Injuries Compensation Scheme 2012. This includes assault, arson, and sexual abuse, for example.
The crime must have been reported to the police
The incident must have taken place in England, Wales, Scotland, or another relevant place, such as a vessel registered to one of these countries.
Your claim must be made within the legal time limit (we discuss the time limits in detail later)
Importantly, the perpetrator does not need to have been caught or prosecuted in order for you to claim compensation for assault through the CICA.
Moreover, the CICA states that it should be the last resort when it comes to claiming compensation. For example, you are unable to claim against the perpetrator or a vicariously liable party.
Speak to an advisor today to learn more about pursuing assault compensation claims via the CICA.
How Much Compensation Can I Claim For Assault Through The CICA?
The amount of compensation you can claim for assault through CICA is determined by a tariff of injuries set out in the Criminal Injuries Compensation Scheme 2012.
It allows you to seek compensation based on the following details:
The type of assault you have experienced
The number of times you were assaulted
Injuries you sustained from being assaulted
We’ve provided you with a table below containing carefully selected tariffs of injuries that may apply to you when claiming compensation for assault.
Under the multiple injuries formula, you could claim compensation for up to 3 injuries from the CICA.
Notably, you’ll receive 100% of the tariff’s value for the highest valued injury. However, for the second highest, you’ll receive 30% of the value of the tariff. Finally, for the third highest, you’ll receive 15% of the tariff’s value.
Please note that the first table entry is the maximum amount the CICA will pay for any type of claim made through them.
AREA OF THE BODY COMPENSATION NOTES
Multiple Serious Criminal Injuries Plus Financial Losses Up to £500,000 Multiple serious criminal injuries plus financial losses such as care costs and loss of earnings.
Brain – Very Serious £250,000 The claimant will have no useful physical movement and will suffer a significant effect on the senses with little to no meaningful responses to environment.
Major Paralysis – Paraplegia £175,000 The injured individual will suffer loss of motor and sensory function and the paralysis will be substantially complete.
Eyes – Loss of Sight £110,000 The individual will have lost sight in both eyes in the incident.
Loss of Arm £55,000 The claimant will have lost their dominant arm during the incident.
Burns £33,000 The individual will have suffered burns covering 25% of the body or more and will be left with significant scarring.
Fractured Wrist £11,000 The claimant will have suffered a fracture to both wrists to the point where they will experience a continuing significant disability.
Physical Abuse of Adults inc. Domestic Abuse – Pattern of Repetitive Violence £8,200 The claimant will have suffered persistent and severe abuse over a period of 3 years or more.
Physical Abuse of Adults inc. Domestic Abuse – Severe £5,500 The individual would have suffered a pattern of repetitive violence resulting in minor disfigurement.
Can I Claim For Financial Loss In A CICA Claim?
Yes, you can claim for financial loss in a CICA claim, and these losses would be compensated under special expenses. Specifically, special expenses will cover money you have lost as a result of the assault you have experienced, such as:
Care costs involving things like food preparation or support needed for bodily functions
The costs of any mobility equipment you need
Costs linked to repairing or replacing equipment you relied on, such as hearing aids or glasses that got damaged in the incident
Notably, you would need to provide evidence that you incurred financial losses in the form of documented costs, such as receipts and invoices.
Any special expenses need to be reasonable, necessary and directly related to the injuries you have suffered. They cannot be available for free elsewhere.
You may also be eligible to receive compensation for lost earnings, but specific requirements must be met.
Get in touch with our advisors today for more details on how much compensation you could claim through the CICA.
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We pride ourselves on providing the best service possible for our clients.
How Long Is The CICA Assault Compensation Claim Time Limit?
The CICA assault compensation claim time limit is generally 2 years from the date of the incident. CICA acknowledges that exceptions could be made to this time limit; however, you will need to be able to prove that exceptional circumstances prevent you from claiming for assault compensation during this 2-year window.
Please find the time limits for child claims below:
If you were under 18 at the time the incident took place and you reported it to the police, you will have 2 years to start a claim from your 18th birthday, unless exceptional circumstances apply to your situation
If you were under 18 years old when the incident happened and you did not report it to the police, you have 2 years from reporting it to the police to start an assault claim. However, you will need to prove that exceptional circumstances stopped you from making this report sooner, e.g. historical abuse claims
If you have any queries regarding assault compensation claims and time limits, please get in touch with us for free so we can assist you.
How Long Will A CICA Claim Take To Settle?
The length of time a CICA claim takes to settle is influenced by the following factors:
The complexity of assault compensation claims
The presence of any backlogs within CICA’s system
Claimants who are still receiving treatment, as CICA won’t want to settle until the prognosis is clear
Waiting for the police to provide any additional information the CICA requests from them
Appeals and reviews will lengthen the amount of time it takes to settle, depending on whether it goes to an internal review or to a tribunal hearing
However, the CICA aims to assess most applications within 12 months.
If you’d like to talk to us in more detail about how long assault compensation claims can take to settle, contact us for free over the phone or online.
Do I Need Evidence To Support A CICA Assault Compensation Claim?
Yes, you do need evidence to support a CICA assault compensation claim. However, the CICA requires specific evidence, which are:
A police reference number (to prove the incident was reported)
Evidence that you meet the residency requirements
Medical evidence of the assault injuries you’re claiming for
Bear in mind that CICA will liaise with the police regarding your assault compensation claim, so you don’t need to worry about providing any additional information yourself.
If you’d like to talk to us in more detail about evidence to support assault compensation claims, please don’t hesitate to get in touch with our advisors today.
How Can JF Law Help Me To Claim Assault Compensation Through The CICA?
JF Law can help you claim assault compensation through the CICA with the assistance of our expert solicitors. Specifically, our legal team can offer their support on assault compensation claims on a No Win No Fee basis via a Conditional Fee Agreement contract.
CFA contracts come with several important benefits, including that you won’t have to pay for solicitors’ service fees if your assault compensation claim fails or while it is in progress. Notably, you won’t be caught off guard by having to pay for any upfront solicitors’ service fees.
If your assault claim wins, you will pay a success fee. Don’t worry, this will be paid directly out of your compensation as a capped percentage, as per the Conditional Fee Agreements Order 2013.
To help make the assault compensation claims process hassle-free, we also provide our clients with immediate access to a robust range of support services. We’ve listed some examples of how we can support you during the assault claims process below:
Evaluate how strong your claim is and let you know how likely it is to win
Provide an independent medical assessment to assess the harm done
Ensure your compensation covers any special expenses as well as injuries.
Instructing the right barrister to take on your claim if it ends up in court
Get you access to medical treatment that might not be available on the NHS
We want you to know that this is not an exhaustive list of the support we give our clients. Get in touch with our friendly team of professionals to find out what else we can do for you if you decide to work with us.
Contact Our No Win No Fee Solicitors
- Call us for free on 0151 375 9916
- Contact us online
Frequently Asked Questions
Will My CICA Abuse Claim Have To Go To Court?
No, not necessarily. In fact, the majority of criminal injury claims are settled outside of court unless your case specifically requires a judge’s intervention.
What If There Are No Witnesses To My Assault?
It doesn’t matter; you can still pursue assault compensation claims without the involvement of witnesses.
Can I Still Claim If I Don’t Know Who Attacked Me?
Yes absolutely. You don’t need to know the identity of the attacker in order to make an assault compensation claim through the CICA.
Will The Attacker Know If I Make A CICA Claim?
No, the attacker will not be contacted and will not know about your CICA claim, as the CICA handles claims confidentially and directly with the victim.
Experiencing violence of any kind can be very traumatic, and here at JF Law, we are empathetic to the fact that the last thing you want to do is start a criminal injury claim. Let us handle the tricky bits so you can focus on the things that matter. Connect with one of our advisors so we can talk you through the next steps and explain how we can help you during this difficult time.
Learn More
Here, we include further guides which may be helpful to those harmed by assault:
Read our guide on claiming for being assaulted at work.
Have a read of this guide to learn how to make a CICA claim for bodily scarring.
Find out if you’re eligible to claim compensation for being stabbed.
These external resources may also be helpful:
If your assault was caught on camera, you can request CCTV footage of yourself from GOV.UK.
Report a crime or incident online with the Police online portal.
Read this guidance from the NHS on how to navigate a broken arm or wrist.
Thank you for taking the time to read our guide on assault compensation claims. We hope you have found it useful.
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