How To Claim Compensation For Domestic Abuse

Our guide to domestic abuse compensation explains how and when you are entitled to make a criminal injury claim. In this guide, we cover criminal injury claims which are made when there is not a third party to claim against or where they will not be able to pay compensation.

We look at the eligibility to claim for a criminal injury, the role of the Criminal Injuries Compensation Authority (CICA) and whether you have to bring charges against the perpetrator. Our guide also looks at how long you have to make a domestic abuse claim, before looking at how compensation could be awarded for a CICA claim. Finally, we explain how a No Win No Fee solicitor could help you and provide further resources.

To learn more about the eligibility criteria you will need to meet, or to begin a claim for domestic abuse, contact our team.

A woman is the victim of domestic abuse.

Choose A Section

Can I Claim Domestic Abuse Compensation?

If you have experienced domestic violence or abuse you could seek compensation. A compensation award could help you to deal with the impact domestic violence has had on you.

Claims to the CICA should be a last resort. Where there is no other route to do so, you could make a claim to the Criminal Injuries Compensation Authority (CICA). You could claim via the CICA in cases where the perpetrator does not have sufficient funds to pay compensation. Similarly, you could also claim where the perpetrator has not been identified. In either case, a claim could not be brought against them.

As with any type of compensation claim, there are eligibility criteria which your case must meet. Eligibility requirements your claim needs to meet include;

  • That you have been injured in a violent crime. Examples of what may be considered a violent crime under the Criminal Injuries Compensation Scheme 2012 include attacks, a violence omission causing harm, the threat of an attack, arson and sexual assault.
  • The incident must have occurred in England, Wales or Scotland. Or, the incident needs to have taken place in another relevant place. This may include a boat registered in one of the above countries.
  • That you have reported the domestic abuse to the police. At this point you would be issued with a crime reference number.
  • That the claim is brought within the applicable time limit.

If you have been impacted by emotional or physical abuse, please contact a member of our team. We can assess whether you meet the eligibility criteria set out above and could help you make a domestic abuse compensation claim.

What Injuries Can I Claim For Using The CICA Scheme?

Your first question may be, ‘what is the Criminal Injuries Compensation Scheme?‘ The Scheme is a program which is funded by the government. its purpose is to compensate the victims of violent crimes in Great Britain.

Under The Scheme, a variety of different physical and mental injuries could receive compensation. These may include (but are not limited to) compensation for,

  • Post traumatic stress disorder,
  • A brain or other head injury, such as a concussion,
  • A back or spinal cord injury,
  • Cases where the victim of a crime has suffered multiple injuries,
  • The loss of a limb (amputation),
  • Chronic pain,
  • Grievous bodily harm,

For more information on when you could claim criminal injuries compensation and what injuries are covered by The Scheme, please contact our team.

A victim of domestic violence sits on the floor.

Do I Have To Press Charges To Make A Domestic Abuse Claim?

As we highlighted earlier in this guide, you must report instances of domestic violence (such as physical abuse) to the police in order to claim compensation. In addition to reporting the crime to the police, you must cooperate with them at every stage of their investigation. The CICA expects claimants will cooperate fully with the police.

If the police do identify and catch the perpetrator, the CICA will expect you to press charges. Failing to do so may mean you can not claim compensation for domestic violence.

Can I Claim If My Assailant Is Not Convicted?

The CICA does understand that in some circumstances, it may not be possible for you to press criminal charges against the perpetrator. For example;

Where the perpetrator has not been identified or caught by the police. You would not be able to press charges. Additionally, where the perpetrator was not identifiable, there may be insufficient evidence to correctly identify them and get a criminal conviction.
Additionall, where there the perpetrator is deceased. This may be more relevant in cases of historical domestic violence or abuse.

Under such circumstances, you may still be able to make a domestic abuse compensation claim. To claim compensation after an assault by a family member or other form of abuse, please contact our team.

How Long Do I Have To Claim Domestic Abuse Compensation?

There are strict and stringent time limits which apply when claiming compensation for domestic abuse. In general, claimants have two years from when the domestic violence (or abuse) took place to submit their claim to the CICA.

It should be noted that the CICA will also expect that the crime was reported to the police at the earliest reasonable opportunity.

However, victims of abuse or domestic violence will not always be able to report or begin a claim within this time frame. Those experiencing abuse by a family member, or abuse by a husband may not be able to report this straight away.

Those stuck in an abusive or violent relationship or household may not be able to report the incident to the police immediately or begin a claim straight away. The CICA will take factors such as these into account.

We should also note that those under the age of eighteen are unable to claim on their own behalf. In cases, such as abuse by a step parent, those under the age of age should claim;

  • Between their 18th and 20th birthdays where the incident was reported to the police before they turned eighteen.
  • Within two years of the incident being reported to the police if reported on or after they turned 18.

To find out if you have a valid domestic violence compensation claim, please contact our team. We can also advise on how long a criminal injury claim may take.

A woman who has suffered domestic violence sits on the stairs.

How Much Domestic Abuse Compensation Could I Receive?

If your claim for domestic abuse compensation is successful, you will be awarded damages. Domestic violence compensation is calculated using the 2012 Criminal Injuries Compensation Scheme. The Scheme has fixed tariff amounts which may be paid for each type of injury. You may be required to provide the CICA with medical evidence, such as copies of your health records.

Below, we provide examples of compensation for different types of physical or psychological injury.

  • Multiple serious injuries plus special expenses could be awarded up to £500,000.
  • Moderate brain damage (significant) which results in some dependence on others as well as personality changes could be awarded £82,000.
  • Minor brain damage from which the person could make a good degree of recovery and which lasts between 6 months and 2 years, may be awarded £16,500.
  • A mental injury which is permanent and which has been confirmed by a diagnosis may be awarded £27,000 if seriously disabling.
  • An eye injury resulting in the dislocation of  the lens of both eyes could be awarded £13,500.
  • The dislocation or fracture of both elbows which leave the person with continuing and significant disability may be awarded £11,000.
  • The fracture of the humerus in both arms which leaves the person with continuing and significant disability could be awarded £11,000.
  • A back injury, such as a ruptured intervertebral disc which requires surgical removal, could be awarded £11,000.
  • An ankle fracture which causes significant and continual disability could be worth £11,000.

In instances where the claimant suffered multiple injuries, they may claim compensation for up to three of these. The multiple injuries formula will apply in such cases.

  • You would be awarded 100% of the tariff for the highest valued injury.
  • You would be awarded 30% of the tariff for the equal or second highest valued injury.
  • The third-highest (or equal) valued injury would be awarded 15% of the tariff.

Can I Claim For Financial Losses Caused By Domestic Abuse?

When claiming compensation for domestic violence, you could also be awarded special expenses. This type of compensation is awarded to cover specific costs sustained in the abuse. Examples of special expenses may include;

  • Making adaptations to your home.
  • Care costs, such as care for food preparation or bodily functions.
  • The repair or replacement of personal property and equipment if this was replied on as a physical aid, such as a hearing aid or glasses.

In order to claim for special expenses, these costs must be necessary, have resulted directly from the abuse you suffered and reasonable. Additionally, they cannot be freely available elsewhere.

For more information on how a No Win No Fee solicitor could help you make a claim for domestic violence compnesation please contact us.

Claim Compensation For Domestic Abuse On A No Win No Fee Basis

Our panel of solicitors are experienced at helping people to make domestic abuse compensation claims through the CICA. We understand this can be a difficult and even traumatic process to go through. Our team will be there every step of the way with understanding and expertise.

If one of our panel of solicitors is able to take on your case, they could offer to do so through a Conditional Fee Agreement (CFA). Under a CFA, the solicitor will take on your domestic violence or abuse claim without charging any solicitors fee in advance or during the claim. A CFA is a type of No Win No Fee agreement, meaning that if your case is not successful, you will not be left out of pocket.

Instead, if your domestic violence claim is successful, your No Win No Fee solicitor will charge a success fee. This will be a pre-agreed percentage of the awarded compensation. There is a legal cap on the maximum percentage which a solicitor may charge as a success fee. This means you will keep the majority of your compensation.

To find out more about how to claim compensation for domestic violence or to begin a claim, please contact our team. Our team is on hand to help you claim compensation for physical injuries, mental harm and the wider impact domestic abuse may have had on you.

  • Call a member of our team today on 020 3870 4868.
  • Discuss your case via our live chat.
  • Or, begin your claim online using our contact form.

A solicitor works on domestic abuse claims.

Read More About How To Claim For Criminal Injuries

Finally, below we have provided further examples of claims you could make for criminal injuries. Additionally, we have also provided helpful external resources.

External resources

Thank you for reading our guide to domestic abuse compensation claims. If you have been impacted by any of the circumstances discussed in this guide, please contact our team for help and advice.