Learn How To Make A Domestic Abuse Claim
Our specialist solicitors can help you recover compensation with a domestic abuse claim.
£70 million in compensation
Learn How To Make A Domestic Abuse Claims
Our specialist solicitors can help you claim compensation with a domestic abuse claim.
A Guide To Making A Domestic Abuse Claim
If you have been the victim of domestic abuse, you will know about the impact that this can have on your life. This can be in the form of physical injuries but also a significant amount of psychological trauma as you look to recover. What you might not know is that you can potentially seek compensation for your injuries by making a domestic abuse claim.
In this guide, we will cover all the aspects of making such a claim, including how much criminal injury compensation you might receive, whether you can claim if your abuser is not convicted. Additionally, we share how our expert solicitors can help you with the claims process.
Contact Us
Hopefully, we will answer any questions you may have, but if you would like to speak to one of our advisors without any obligation, you can:
Call us on 0151 375 9916 (24 hours a day).
Contact us via our website.
Use the live chat function at the bottom of your screen.
What Is Domestic Abuse?
There are many forms of domestic abuse that you can suffer. This can include physical or sexual abuse, but there could be other ways that you can be abused, such as verbally or by someone trying to control you through your finances. Emotional abuse can also be very distressing. Whilst these are equally valid forms of domestic abuse, to make a claim through the Criminal Injuries Compensation Authority (CICA), for compensation, you need to have been a victim of a violent crime.
Whilst it is theoretically possible to recover damages directly from an abuser, this has two problems. Firstly, if you bring a civil case, you might have to face them, and secondly, they may not have the money to pay any sum you are awarded.
For these reasons, we will focus on making a domestic abuse claim through the CICA. If you would like to contact our team to discuss your specific circumstances, we are ready to help.
How Do You Make A Domestic Abuse Claim?
To help the victims of violent crime, the Government set up the Criminal Injuries Compensation Authority (CICA), and its main role is to administer the Criminal Injuries Compensation Scheme 2012 (the Scheme). You can apply to the Scheme for a compensation award if you have been the victim of a violent crime.
The Scheme covers England, Scotland and Wales. It applies a tariff system to injuries suffered by those involved in a violent crime. Importantly, the Scheme is completely Government funded, so you do not need to worry about whether your assailant has funds to pay you.
There are certain eligibility criteria that you must meet to make a claim through the CICA. They include:
The violent incident location must have been in England, Scotland and Wales or in another relevant place, such as a ship registered in one of these countries.
You must have been a victim of a violent crime as defined by the Scheme. In a domestic abuse claim, this could be a physical assault resulting in grievous bodily harm or even sexual abuse.
- Your claim must be made within the time limit. We will discuss this later.
What Injuries Are You Able To Claim For Through The CICA?
Some of the injuries that victims of domestic abuse can suffer include:
Cuts, bruises and soft tissue injuries.
Internal injuries.
Post Traumatic Stress Disorder.
Other psychological injuries.
Sexual injuries.
There are, of course, many other forms of injury you could have suffered. If you would like to talk about the abuse you suffered and how to begin a criminal injury claim for compensation, you can contact us for information free of charge.
Established, Experienced, Dependable, Responsive and Committed
Is There A Time Limit When Claiming Criminal Injuries Compensation?
There is a time limit to making a CICA claim, and usually, this is 2 years from the date of the incident. One thing that should be done as soon as possible is reporting the matter to the Police and obtaining a crime reference number as this is a step the CICA expect you to take as soon as reasonably possible.
There are some exceptions to this time limit, but they are dealt with by the CICA on a case-by-case basis. Our strong recommendation is that you start your claim as soon as you can, as there is no real downside to doing so. To bring a case outside the 2-year time frame, there must have been exceptional circumstances that prevented you from bringing it in the normal time limit.
Another exception is if the victim of the violent crime is under the age of 18. To learn more about this exception, you can get in touch with us.
Can You Claim If Your Assailant Is Not Convicted?
‘Can I Claim If My Abuser Is Not Convicted?’ is a frequently asked question. The burden of proof in criminal cases is very high, and the Crown Prosecution Service (CPS), who are responsible for prosecuting criminals, will only prosecute someone if they think they have a good chance of obtaining a conviction. You may have heard of the standard as it is ‘beyond all reasonable doubt’. With this in mind, there could be a lack of evidence or some discrepancies that mean your abuser is not charged.
Fortunately, this high standard of proof does not apply to CICA claims, and they are decided on ‘the balance of probabilities’. This means that something is more likely than not, and this means that you can bring a claim under the Scheme for damages, even if there is no conviction of the perpetrator.
Contact our advisors today to discuss your domestic abuse claim and receive free advice.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Does The CICA Need From You In A Domestic Violence Compensation Claim?
The CICA will require some things from you to progress your domestic abuse claim. The evidence you will need to present them includes:
- Having a crime reference number. You will get this from the Police when you report your crime.
- Evidence you meet the residency criteria.
- Some form of medical evidence that details your injuries.
We can guide you through the evidence you might need to make your domestic abuse claim when you contact one of our advisors.
Compensation Payouts For A Domestic Abuse Claim
If your CICA claim is successful, you will receive compensation. As the Scheme provides a tariff system, where your injuries fall in the tariff will determine the compensation you receive. The amounts are fixed, but of course, there are different tariffs for different injuries and their severity.
The factors taken into consideration by the CICA when deciding which tariff you should be awarded include:
The type of injury suffered.
How severe the injury was (or still is).
The impact of symptoms (both physical and psychological).
To give you a better understanding of how much compensation you might receive, here is a table of some injuries and what the tariff award is for those injuries. Please note that the top-line entry is not from the tariff.
Potential Compensation
| Injury | Compensation Tariff | Description |
|---|---|---|
| Multiple Serious Injuries with Special Expenses | Up to £500,000 | Many serious injuries with significant loss of earnings and special expenses |
| Mental Injury | £27,000 | Seriously disabling and permanent. |
| Eye | £27,000 | Loss of one eye. |
| Arms | £11,000 | Fractures to both arms resulting in ongoing disability. |
| Hip | £11,000 | Dislocated or fractured hip, with ongoing problems. |
| Elbow | £11,000 | Fracture or dislocation both elbows, with a continuing disability. |
| Hand | £16,500 | Permanently ans seriously impaired grip of both hands. |
| Feet | £13,500 | Fractured heel bone in both feet causing a continuing significant disability. |
| Physical Abuse of Adults | £8,200 | A persistent pattern of severe abuse lasting over 3 years. |
| Jaw | £3,500 | Permanent clicking jaw. |
You can claim for up to three separate injuries under the Scheme, but you will not receive the value of three separate tariff injuries added together. Per the multiple injuries formula, you will receive 100% of the tariff value of your most serious injury, 30% of the tariff value of your second most serious injury and 15% of your third most serious injury. You cannot claim for over 3 injuries.
Financial Losses You Could Claim For In A Domestic Violence Claim
In addition to claiming for your injuries, you can also claim for financial losses as part of your domestic abuse claim. These losses are called special expenses, and some examples of them include:
Equipment that is now needed because of your symptoms.
Property that was damaged in the incident that you relied upon for aid, e.g. broken glasses.
Adaptions that are needed because of your injuries, e.g. a ramp installed in your home or an adapted car.
You may also be able to claim loss of earnings, but there are specific criteria that you need to meet.
If you have any questions about how compensation is calculated for a CICA claim, you can speak to one of our team.
How JF Law Can Help You Claim For Domestic Abuse
Here at JF Law, we are experts in recovering compensation through domestic abuse claims, and we can help you by:
Filling in legal paperwork for you.
Making sure that you explore all the compensation that you are entitled to.
Completing your case in a timely manner.
Additionally, if your case is accepted, you may be offered a Conditional Fee Agreement, by our solicitors who work on a No Win No Fee basis. There are several benefits to this as:
You do not pay upfront for any of your solicitor’s service fees.
There is no need to pay your solicitor for ongoing service fees during the case.
You do not have to pay your solicitor’s service fees if your case fails.
If your case is successful, you will be charged a success fee, which is deducted from your compensation. This is subject to a legally maxed cap and will be agreed upon with you before your case starts. This means you will keep the bulk of your compensation.
Contact Us
To see if you are able to work with one of our experienced solicitors:
Call us on 0151 375 9916 (We can take your call 24 hours a day).
Contact us via our website.
Use the live chat function at the bottom of your screen.
Learn More About Making A Claim For Compensation
Here are some useful materials to consider about making compensation claims:
- How to claim following a breach of health and safety at work.
- Consider our FAQ page that covers public liability claims.
- How to claim if you are a pedestrian in an accident.
External Resources:
- The CICA keep detailed statistics about claims submitted to them.
- Consider this NHS guidance if you have a broken arm or wrist.
- Report a crime or incident online with the Police online portal.
Thank you for reading our guide about how to make a domestic abuse claim.
Our Latest Customer Reviews
AS SEEN ON
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
