Could You Claim Compensation After An Assault?

This is a guide to claiming compensation after an assault. If you’ve been injured in a violent crime, you may be eligible to claim compensation through the Criminal Injuries Compensation Authority (CICA).

Compensation after an assault

Can I claim compensation after an assault?

Sponsored by the Ministry of Justice, the CICA is an executive agency set up to compensate those who have suffered physical and/or mental injuries due to crimes of violence. They administer the Criminal Injuries Compensation Scheme 2012, a government-funded programme that provides compensation awards to victims of violent crimes.

We will explore when you could be eligible to make a criminal injury claim through the CICA following an assault. You will also find information on the limitation period that applies to doing so, the compensation you could be entitled to if your case were a success and the evidence you can use to support your potential claim.

The final section of this guide provides a brief explanation of the benefits of pursuing your claim on a No Win No Fee basis with a solicitor from our panel.

Our team can help with any queries you have regarding a potential claim. You can speak to one of our advisors by:

  • Calling on 020 3870 4868.
  • Filling out the online “contact us” form.
  • Using the live chat function at the bottom of the webpage.

Select A Section

  1. Could You Claim Compensation After An Assault?
  2. Understanding Forms Of Assault You Could Claim Compensation For
  3. Proving Your Claim For Assault
  4. Estimating Compensation After An Assault
  5. Understanding No Win, No Fee Arrangements For Assault Claims
  6. Find Out More About Claiming Compensation After An Assault

Could You Claim Compensation After An Assault?

As mentioned above, the Criminal Injuries Compensation Scheme 2012 (2012 Scheme) was set up to compensate victims of crimes of violence in Great Britain. It is not a requirement that the perpetrator of the crime be convicted or even identified for you to make a CICA claim.

In order to claim compensation after an assault through the CICA, you need to demonstrate:

  1. You were the victim of a crime of violence.
  2. That crime happened in Great Britain (England, Scotland or Wales) or another relevant place as defined by the CICA.
  3. The crime was reported to the police
  4. You are within the relevant time limit

Time Limits On Claiming Compensation After An Assault

Generally, there is a two-year time limit to claim compensation after an assault. The limit is counted from the date the crime was reported, However, if there were exceptional circumstances that prevented you from beginning the claim within this time limit, then this could be taken into account. Similarly, you are expected to report the crime straight away unless there were exceptional circumstances that prevented you from doing so, in which case your claim could be considered despite this delay.

Speak with a member of our team today for guidance on the process of claiming and the time limit that could apply to your case. If you have a valid compensation claim, you could be connected with a lawyer from our panel.

Understanding Forms Of Assault You Could Claim Compensation For

The term “assault” can cover a number of violent crimes. You could claim compensation after an assault if you have been the victim of:

  • A physical attack on your person that causes you to be injured, such as assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH).
  • Violent domestic abuse.
  • An act or omission that caused you physical injury.
  • Sexual abuse.

Although terms like assault occasioning ABH or GBH are the names of criminal charges, as we have already mentioned, there is no requirement for the perpetrator of the assault to have been convicted or identified in order for you to make a claim. You must, however, have reported the incident to the police.

If you would like to speak with someone from our team about claiming compensation after an assault, get in touch today. You could be connected with a No Win No Fee solicitor from our panel, provided that you have legitimate grounds to claim.

Proving Your Claim For Assault

Claiming compensation through the CICA after an assault requires evidence. We have compiled a list of possible proof that the CICA might request when you pursue compensation through them:

  • Your police reference number from when you reported the assault.
  • Documents showing any financial losses stemming from your injuries.
  • Proof that you meet the residency and/or nationality requirements.
  • Medical evidence showing you suffered an injury or injuries that the Scheme compensates for.

The CICA will be able to liaise with the police for relevant information relating to the incident. For example, they could confirm whether your conduct caused or contributed to the crime of violence in which you were injured; if so, this could result in an award being reduced or withheld altogether.

A solicitor from our panel can provide you with support in collecting evidence as well as guiding you through the process of claiming through the CICA. You can contact our team using the details above to find out more.

Estimating Compensation After An Assault

Following a successful claim for compensation after an assault, you will receive a payout based on a fixed tariff set out in the 2012 Scheme. We have used some examples of criminal injuries from the tariff to create the table below.

The multiples injuries formula may be applied if you suffer multiple injuries during the assault. Under the formula, you will be awarded 100% of the tariff amount for the highest-value injury, the second-highest or an injury of equal value will be awarded 30% of the tariff amount, and the third-highest or an injury of equal value will be awarded 15% of the tariff amount.

The Scheme does not allow for compensation to be awarded for more than 3 injuries from the main tariff. If you contracted a sexually transmitted infection, became pregnant or lost a foetus because of the assault, you can receive an additional tariff payment that isn’t subject to the formula.

Compensation Table

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Injury Type Description Amount
Brain Damage Moderately severe brain damage causing serious disablement of physical and mental faculties requires substantial dependence on professional or other care. £110,000
Minor injury with good recovery but persisting significant problems with concentration and memory affecting future lifestyle and work prospects last 2 years or more £22,000
Eye Injuries Total loss of sight in one eye where the uninjured eye cannot be corrected to better than 6/36. £33,000
Complete loss of sight in one eye. £27,000
Mental Injury Moderately disabling permanent mental injury that has been diagnosed by a professional. £19,000
Disabling mental injury diagnosed by a professional that lasts 2 years or more up to 5 years. £6,200
Injuries to Elbow Dislocated or fractured elbow where there is significant continuing disability. £6,200
Abdominal Injury Injuries requiring laparotomy or laparoscopy including repairs to 3 or more organs. £6,200
Back Injury Fracture to one vertebra causing significant continuing disability. £3,500
Arm Injuries Broken humerus in one arm where there is a substantial recovery. £1,500

It is important to note that while the tariff amounts are fixed, your payout could be reduced in certain circumstances. The CICA will take into account factors such as your conduct at the time and any unspent convictions on your criminal record when assessing your claim. Your level of cooperation with the CICA, the police or another body involved in your claim will likewise be considered, and a reduction could be made accordingly.

Special Expenses

You may receive compensation for certain costs incurred from the injuries sustained during the assault. These are known as special expenses, and some possible examples that can be compensated are as follows:

  • Adaptions to your home, such as a stairlift, shower rail or access ramps.
  • Costs for care relating to bodily functions or food preparation if this presents a substantial danger either to yourself or others.
  • Administrative costs for managing your affairs if your injuries have affected your mental capacity.
  • Repairs to, or replacements for, any personal aid equipment, such as a pair of glasses, a hearing aid or a walking stick, that was damaged during the assault.

You will need to provide evidence demonstrating your losses in order to be reimbursed. Additionally, these costs must be necessary and directly resulting from your injuries. They also must be reasonable, and cannot be available without charge from another source.

In some cases, you might also be able to make a loss of earnings claim if your injuries left you with an inability or very restricted ability to undertake paid work. You can speak to our advisors using the contact information at the bottom of the page for more advice on claiming for any loss of earnings or special expenses.

Understanding No Win, No Fee Arrangements For Assault Claims

Our team of advisors can assess the validity of your claim and provide you with more information on the process of claiming compensation after an assault. If you have a valid claim, a solicitor from our panel could take up your case under a Conditional Fee Agreement (CFA). A CFA is a type of No Win No Fee contract where there are generally no fees to pay upfront, nor are there any ongoing fees for the solicitor’s work as the process continues. If your claim is unsuccessful, there’ll be no payment due to them for their services.

You will receive a compensation payout per the fixed tariff in the event of a successful criminal injury claim. They’ll deduct a pre-agreed legally capped percentage of this compensation for the work they have done on your claim. This is the “success fee”.

Our team can help with any queries you have regarding a potential claim. You can speak to one of our advisors by:

  • Calling on 020 3870 4868.
  • Filling out the online “contact us” form.
  • Using the live chat function at the bottom of the webpage.

Find Out More About Claiming Compensation After An Assault

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Thank you for reading our guide on claiming compensation after an assault. Our team can offer you advice on starting a potential claim, answer your questions and provide more information on who is eligible to claim through the Criminal Injuries Compensation Scheme.

Writer RR

Publisher NC