In this guide, we’ll be discussing the process of making a domestic abuse claim after proving that you were a victim of domestic abuse. This guide will look at the process of making a claim through the Criminal Injuries Compensation Authority (CICA), which is one of the channels available to those who have been injured in violent crimes. It’s this method that we will focus on in this guide.
Domestic abuse claim guide
To begin with, we will address what domestic abuse is and the kinds of abuse that could form the basis of a criminal injuries compensation claim. We will also look at how claims of this nature are valued and the different heads of claim a settlement could consist of.
You can get in touch with our team to see if you could begin a claim today. If your case is valid, they could connect you with one of the No Win No Fee solicitors from our panel.
Contact us by:
- Calling us on 0113 460 1216
- Entering your details into the contact us section of our guide
- Talking with one of our advisors by using the live support bubble.
Choose A Section
- When Are You Eligible To Make A Domestic Abuse Claim?
- What Is Domestic Abuse?
- How Much Compensation Could You Receive In A Domestic Abuse Claim?
- What Does The CICA Need For You To Claim?
- Claim Compensation For Domestic Abuse Using Our Panel Of No Win No Fee Solicitors
- Learn More About Making A Domestic Abuse Claim
When Are You Eligible To Make A Domestic Abuse Claim?
The CICA is an executive government body that can award compensation to people who have been mentally or physically injured due to a crime of violence.
In order to make a CICA compensation claim, you need to have reported the incident to the police. If the incident was not reported, then you’d be unable to claim.
Furthermore, the incident in which you sustained your injuries would need to have happened in England, Scotland, Wales or another relevant place. You would also need to demonstrate that you sustained your injury in this violent crime.
If you would like to speak with a member of our team today for free advice, don’t hesitate to get in touch. They can advise you of the validity of your claim and, if it is legitimate, could connect you with a No Win No Fee solicitor from our panel.
What Is Domestic Abuse?
The Domestic Abuse Act 2021 sets out a definition of domestic abuse as abusive behaviour from one person to another, where both the perpetrator and victim are over 16 and are personally connected. “Personally connected” can mean that they are relatives, married (or formerly married), in an intimate personal relationship or have a parental relationship to the same child (past or present).
Domestic abuse can include, but isn’t limited to:
- Physical assault or sexual abuse
- Emotional and/or psychological abuse
- Economic abuse
- Threatening behaviour
However, not all forms of domestic abuse will fit the CICA’s definition of a crime of violence. The CICA will only compensate for injuries caused by violent crimes that fit the definition set out in their Criminal Injuries Compensation Scheme 2012.
Is There A Time Limit To Claiming Domestic Abuse Compensation?
It’s important that a criminal injury is reported to the police as soon as reasonably possible which is generally considered to be immediately after the incident. When this is done, you would then have two years to make a claim through the CICA.
In some cases, exceptions can apply if extenuating circumstances stop you from:
- Reporting the incident immediately
- Beginning your claim within 2 years of reporting
To see if you’re eligible to make a domestic abuse claim, contact us. You could be connected with a solicitor from our panel if our advisors feel your case is valid.
How Much Compensation Could You Receive In A Domestic Abuse Claim?
The CICA award compensation based on tariffs of injuries that can be found in their 2012 Scheme. This tariff contains payment amounts for abuse. The first head of a claim can account for the pain and suffering caused by physical injuries (such as fractures and burn injuries) and psychological injuries (such as PTSD).
If someone has experienced a pattern of abuse, then the payment will intend to reflect this pattern based on the most serious injury in the pattern. However, in cases where compensation for a single injury that was sustained would be worth more than the payment for the pattern of abuse, then the injured party would receive the higher amount reflecting the single injury.
When you’re claiming for multiple injuries using the main tariff, you would receive 100% compensation for the most highly valued injury, 30% for the second most highly valued injury and 15% for the third most highly valued injury. There are other payments from a different tariff that are not subject to this formula, such as if a violent crime has caused the injured person to lose a pregnancy.
We have included the table below for your reference, but if you have any questions about how much your claim could be worth, please speak with a member of our team today.
| Injury | Compensation | Notes |
|---|---|---|
| Severe Abuse- Children | £13,500 | Persistent repeating violence causing multiple severe injuries. |
| Severe Abuse- Children | £8,200 | Persistent repeating violence causing multiple significant injuries. |
| Severe Abuse- Children | £5,500 | Persistent repeating violence causing multiple moderate injuries. |
| Serious Abuse- Children | £2,000 | Intermittent physical assaults leading to healed wounds, burns and scars that don't cause appreciable disfigurement. |
| Minor Abuse- Children | £1,000 | Isolated/intermittent assaults resulting in welts or hair being pulled from the scalp. |
| Persistent Abuse- Adults | £8,200 | Lasting for over 3 years. |
| Severe Abuse- Adults | £5,500 | Pattern of repeated violence causing disfigurement of a minor nature. |
| Serious Abuse- Adults | £2,000 | Intermittent physical assaults leading to healed wounds, burns and scars that don't cause appreciable disfigurement. |
Special Expenses In A Domestic Violence Compensation Claim
You could also be reimbursed for certain special expenses in a domestic abuse claim through the CICA. These must be reasonable, necessary and incurred as a direct result of the crime of violence that you’re claiming for.
This could include:
- Loss of earnings
- Specially adapted equipment
- The cost of supervision where this is necessary to prevent substantial danger to yourself and/or others
To learn more about special expenses in a domestic violence compensation claim, you can contact us. If one of our advisors feels that you have a valid claim, speak with a member of our team.
What Does The CICA Need For You To Claim?
Some requirements when making a CICA claim include:
- Evidence that you meet the requirements for residency
- A police reference number
- Medical evidence and evidence of special expenses
The CICA can communicate with the police about certain factors relating to your claim. For example:
- Whether you cooperated with their investigations
- Whether any unspent criminal convictions exist that could see an award withheld
For further guidance or to have your questions answered by our team, speak with a member of our team today.
Claim Compensation For Domestic Abuse Using Our Panel Of No Win No Fee Solicitors
Providing you have a valid claim, you can choose to make your claim through our panel of solicitors. You could be offered a form of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When working with a lawyer in this way, you typically won’t be expected to pay any upfront or ongoing fees for your legal representation. In the event that you’re unsuccessful in your claim, you won’t have to pay anything for the work they’ve done.
If you’re successful in your claim, you’ll be expected to pay a success fee. This consists of a percentage of your compensation, known as a success fee. The Conditional Fees Agreements Order 2013 applies a legal limit to the portion of your settlement that can be deducted.
If you’d like to begin to receive legal support from our panel of No Win No Fee solicitors, then you can begin this by contacting us with the information provided below. In a single call, you can get an understanding of the compensation you could be due.
Contact us by:
- Calling us on 0113 460 1216
- Entering your details into the contact us section of our guide
- Talking with one of our advisors by using the live support bubble.
Learn More About Making A Domestic Abuse Claim
If you’d like to learn more about making domestic abuse claims, then you can learn more by reading more of our guides below:
- Potential Settlements For PTSD Sufferers
- Can I Claim Compensation For GBH?
- Claiming Compensation For Being Stabbed
Alternatively, you can use the following links to learn more:
- Women’s Aid- What is domestic abuse?
- NHS – Getting help for domestic violence
- Mind- Support options for abuse
We hope that this guide to making a domestic abuse claim has been helpful. To learn more, you can contact our team of advisors by using the information provided above.
Writer Louis Pen
Publisher Fern Stringer