In this guide, we’ll look at the process of claiming assault compensation. There are several options available to those who have been harmed by a crime of violence. In this guide, we will focus particularly on claims made through the Criminal Injuries Compensation Authority (CICA).
Assault compensation claims guide
In this guide, we will look at the different kinds of assault that could form the grounds for a claim. We will also look at how settlements for these kinds of claims are valued. In addition to this, we will address No Win No Fee agreements and the benefits that they can offer.
If you would like to discuss this further with our team of advisors, then you can do so by using the contact details provided below. In just one call you can get an understanding of the potential compensation that you could be entitled to following a successful claim. If you have a valid case, you could be connected with a No Win No Fee solicitor from our panel.
Contact us by:
- Calling us for free on 0113 460 1216
- Entering your details into the making a claim section of our website
- Talking with one of our advisors through the live support feature available on our website
Choose A Section
- When Are You Eligible To Claim Assault Compensation?
- Different Types Of Assault
- What Amount Of Assault Compensation Could You Recieve Through The CICA?
- What Does The CICA Need When You’re Claiming Violent Crime Compensation?
- Use Our Panel Of No Win No Fee Solicitors To Claim CICA Compensation
- Learn More About Claiming Assault Compensation
When Are You Eligible To Claim Assault Compensation?
You may be able to claim assault compensation from the Criminal Injuries Compensation Authority (CICA). The CICA handles compensation claims from people who have suffered mental or physical harm as the result of a violent crime in England, Scotland or Wales.
In order to claim through the CICA, the following criteria need to be met:
- You must have been injured by a crime of violence as defined by the CICA.
- You need to have reported the incident to the police
- The incident must have happened in a relevant place as defined by the CICA.
As defined in the CICA, a crime of violence can include attacks, threats of attack or sexual abuse or assault. If you would like guidance on your eligibility to receive assault compensation, then you can use the contact details provided above to discuss this in more detail.
Different Types Of Assault
Assault can be broadly broken down into three different types of offences by the Crown Prosecution Service (CPS). These are listed below:
- Common assault is where someone, through intention or recklessness, causes someone else to apprehend or suffer violence.
- Assault occasioning Actual Bodily Harm (ABH) is where assault causes injuries that interfere with the health and comfort of the victim, even if the hurt isn’t permanent. However, it needs to be more than transient
- Grievous Bodily Harm (GBH) is defined as “really serious” harm and could include life-changing injuries or ones that require sustained and significant medical treatment (blood transfusions, for example).
There are other criminal actions as defined in the Offences against the Persons Act 1861. For example, throwing a corrosive fluid on a person (commonly known as an acid attack) is an offence. There’s a requirement to show that this was done maliciously with the intention to carry out some grievous bodily harm. However, the harm does not actually have to have happened for this offence to have been committed.
For more free legal advice, you can contact our team of advisors. If you have a valid assault claim through the CICA, they could help you source legal representation.
Is There A Time Limit To Claim Through The CICA Tariff?
It’s important when attempting to receive criminal injury compensation that you adhere to the appropriate time limits. You should generally begin your claim within 2 years of reporting the incident to the police. This reporting should be done right away.
If extenuating circumstances caused a delay in reporting the incident to the police, or if they meant you could not claim within the two-year time limit, then an exception could be made by the CICA. Speak with our team to see whether you’re within the time limit for claiming.
What Amount Of Assault Compensation Could You Recieve Through The CICA?
When claiming through the CICA, there are set amounts for injuries based on factors such as:
- The extent of the injury
- The physical and psychological impacts of the injury
- Whether any permanent symptoms were caused
On receiving assault compensation, the overall compensation that you receive could be made up of two heads. The first of these is the payment for your injuries.
This is valued in accordance with the tariff of injuries that is established by the Criminal Injuries Compensation Scheme 2012. If you are claiming for multiple injuries through the tariff:
- 100% of the tariff amount will be awarded for the most severe injury
- 30% for the second most serious injury
- 15% for the third most serious injury
It’s important to note that you are unable to claim for more than 3 injuries from the main tariff. However, additional amounts that are not subject to this formula might be available from a separate tariff.
| Injury | Compensation | Notes |
|---|---|---|
| Moderate brain damage | £55,000 | Some dependence on others, intellectual deficit, personality change, and a moderate effect on the senses |
| Arm Injury | £27,000 | Paralysis or equivalent loss of function of one non-dominant arm |
| Neck Injury | £3,500 | Seriously disabling neck injury that isn't permanent. |
| Scarring | £3,500 | Serious disfigurement |
| Scarring | £1,000 | Significant disfigurement |
| Knee Injury | £3,500 | Continuing significant disability of the knee |
| Mental Injury | £2,400 | Lasting 28 weeks or more up to 2 years |
| Mental Injury | £1,000 | Lasting 6 weeks or more up to 28 weeks |
| Pelvic injury | £2,400 | Fracture involving a substantial recovery |
| Leg Injury | £1,500 | Minor damage to one leg with continuing significant disability. |
Special Expenses In An Assault Claim
You could also receive special expenses if you have been injured in a crime of violence. In order to receive compensation for these, they need to be necessary and incurred as a direct result of the violent crime. This can include:
- Medical expenses
- Home adaptations
- Loss of earnings
- Cost of care
For more guidance on the types of assault compensation you could be entitled to, you can get in touch with our team of advisors.
What Does The CICA Need When You’re Claiming Violent Crime Compensation?
When making a CICA claim you’ll have to provide:
- Evidence that you meet the residency requirements
- A police reference number. This shows that it was reported to the police
- Medical evidence and evidence of special expenses.
In some cases, the CICA will liaise with the police about certain factors relating to your claim, including whether you have any unspent criminal convictions that could affect your award amount or see an award being withheld altogether.
If you would like guidance on the process of collecting evidence in support of a claim, speak with a member of our team today.
Use Our Panel Of No Win No Fee Solicitors To Claim CICA Compensation
Providing you are eligible to receive assault compensation, you could make your claim with our panel of solicitors using a type of No Win No Fee agreement called Conditional Fee Agreements (CFA). These types of agreements come with a variety of benefits, which are outlined clearly in The Conditional Fees Agreements Order 2013.
When making a claim for compensation with a CFA in place, you won’t be expected to pay any upfront or continuous fees for your representation. Also, you won’t typically have to pay anything in the scenario that you’re unsuccessful in your claim.
However, in the case that you are successful in receiving assault compensation, you’ll have to pay a success fee. This is a percentage that is taken out of your compensation before you receive anything. Note that you’ll discuss this with your No Win No Fee solicitor before you begin your claim.
Get in touch with us using the following details. In just one call you can get an understanding of the necessary steps that you’ll have to take.
Contact us by:
- Calling us for free on 0113 460 1216
- Entering your details into the making a claim section of our website
- Talking with a member of our team of advisors through the live support feature available on our website
Learn More About Claiming Assault Compensation
If you’d like to learn more about making a claim to receive assault compensation, you can read more of our guides below:
- Claiming for an injury at a bar
- How to claim compensation for an ankle injury
- Valuing compensation for a hand injury claim
- Is is Possible to Sue a Care Home for Negligence?
- Can I Claim Compensation For Being Stabbed?
- Can I Claim Compensation For GBH?
In addition, you can follow the below links to learn more:
- CICA statistics
- Statutory Sick Pay (SSP)
- Emotional support advice from Victim Support
Writer Louis Pen
Publisher Fern Stringer