Assault Claims Guide – Can You Claim?

If you have been assaulted, you might be wondering can you get compensation for assault? The answer is yes, under certain conditions. You may be able to make an assault compensation claim through a criminal injuries claim. This guide explains your rights, how to make a criminal injury claim, and how a No Win No Fee solicitor from our panel could be able to help you claim.

Key Facts

• You can make an assault compensation claim through the Criminal Injuries Compensation Authority (CICA) if the assault was reported to the police.
• A personal injury claim for assault can also be made against the individual responsible or a third party if negligence was involved.
• Victims can still claim damages even if a criminal conviction does not occur.
• No Win No Fee arrangements may be available, allowing you to pursue a claim without financial risk. Contact Fentons for more advice.

For a detailed guide on the claims for assault process and whether you qualify, continue reading our full article.

Understanding Assault Claims

When making an assault compensation claim, understanding the process is crucial. Assault can have both physical and psychological effects, and victims may be entitled to financial compensation. A personal injury claim can be made through civil courts when claiming directly against a perpetrator or vicariously liable party, or victims may seek a criminal injuries claim through the Criminal Injuries Compensation Authority (CICA). Understanding the differences and legal nuances is key to navigating the claims process effectively.

• Criminal vs Civil Claims: Claims can be pursued through criminal justice channels or civil courts, depending on circumstances.
• Evidence Collection: A strong case requires medical reports, witness statements, and police reports.
• Time Limits: Most claims must be made within two years of the incident.
• Legal Support: Contact our advisors to discuss your case, they could then connect you with a solicitor from our panel who could offer you legal advice and support.

Seeking compensation can help victims recover from trauma and financial hardship. Contact Fentons for more advice.

What Constitutes an Assault Claim in the UK?

In the UK, an assault compensation claim is based on unlawful physical or psychological harm caused by another party. The law recognises different types of assault. The severity of an assault charges penalty depends on factors such as intent and injury level.

• Common Assault: Includes minor injuries or threats of violence.
• Actual Bodily Harm (ABH): Where physical harm occurs, such as bruising or cuts.
• Grievous Bodily Harm (GBH): Serious injuries, often with lasting effects.
• Sexual Assault: Non-consensual physical contact or sexual violence.
• Harassment Complaint: Ongoing intimidation or threats that cause distress.

Identifying the type of assault is critical in determining how to proceed with a claim. Contact us today to discuss your case.

Types of Assault Claims

Different claims for assault exist depending on the circumstances and severity of the attack. The type of claim pursued will determine the legal route and possible outcomes. Understanding the variations helps claimants seek the most appropriate form of justice.

• Workplace Assault: If assaulted at work, an employer may be liable for failing to provide a safe environment.
• Public Place Assault: If attacked in a public setting, premises owners may be responsible if negligence is involved.
• Domestic Assault: Claims against a partner or family member, often with additional legal considerations.
• Assault by Authorities: If harmed by police or security personnel, specific legal frameworks apply.
• Assault Charges for a Minor: Special considerations exist when the victim is under 18.

Contact Fentons for more advice.

The Role of CICA in Assault Claims

The Criminal Injuries Compensation Authority (CICA) plays a vital role in assault compensation claims. This government-backed scheme provides financial support to victims of violent crime who may not receive compensation from the offender directly. The process has strict eligibility criteria and specific requirements.

• Eligibility Requirements: The assault must have been reported to the police and occurred in Great Britain.
• Compensation Process: Claimants must submit detailed evidence of their injuries and suffering.
• Time Limits: A claim must usually be made within two years of the incident.
• No Win No Fee Options: A No Win No Fee solicitor from our panel could help you claim.

CICA provides an essential route for victims to seek justice. Contact us to learn more about the criminal injury claims process.

How to Appeal Against a CICA Decision

If your criminal injuries claim has been rejected or you feel the compensation awarded is insufficient, you can appeal the decision. The Criminal Injuries Compensation Authority (CICA) has a structured appeals process that allows claimants to seek a review or take the case to a tribunal. Understanding the necessary steps can improve your chances of a successful appeal.

• Review Process: Submit a request for reconsideration within 56 days of receiving the decision.
• Additional Evidence: Gather and submit supporting documents, such as medical reports or witness statements.
• Tribunal Appeal: If the review does not provide a satisfactory outcome, the case can be escalated to the First-tier Tribunal.
• Legal Assistance: Contact our advisors to discuss your case and they may connect you with a solicitor from our panel.

Contact Fentons for more advice.

How Does the Legal Process for Assault Claims Work?

Making an assault compensation claim involves several legal steps, depending on whether you pursue a personal injury claim through civil courts or a criminal injuries claim via CICA. Knowing the process ensures claimants are well-prepared for the legal journey.

1. Report the Assault: The incident must be reported to the police as soon as possible.
2. Gather Evidence: Medical records, witness statements, and police reports strengthen the claim.
3. Legal Representation: A solicitor from our panel could help you claim, provided you have a valid case.
4. Claim Submission: File a claim with either CICA or through civil litigation.
5. Compensation Assessment: The court or CICA evaluates the evidence to determine a payout.

Understanding the assault charges UK legal framework is crucial to a successful claim. Contact Fentons for more advice.

Are There Support Services Available for Assault Claimants?

Victims of assault often require support beyond financial compensation. There are numerous services available to assist individuals with emotional, legal, and practical guidance. Whether the assault resulted in physical or psychological harm, various organisations provide aid.

• Victim Support: A national charity offering emotional and legal assistance.
• Helplines and Counselling: Services like the National Domestic Abuse Helpline provide support.
• Legal Aid: Some claimants may qualify for legal aid to help with claim costs.
• Police and Criminal Justice Support: Authorities can provide protection and legal guidance.
• Charitable Organisations: Groups offer shelter, counselling, and financial aid for assault victims.

Seeking help is a crucial step in the recovery process. Support services can significantly aid victims as they pursue justice through claims for assault.

What Compensation Can I Expect from a Successful Assault Claim?

While specific assault compensation claim amounts cannot be guaranteed, compensation is typically awarded based on damages suffered. Various factors influence the payout, including physical injury, psychological impact, and financial losses. Claimants can seek different types of compensation when claiming directly against a perpetrator or a vicariously liable party.

• General Damages: For pain, suffering, and loss of quality of life.
• Special Damages: Covers medical expenses, travel costs, and lost earnings.
• Future Losses: Compensation for long-term effects on employment or quality of life.
• Psychological Damages: Awarded for mental health issues like PTSD or anxiety.
• Care and Assistance Costs: Covers support needed due to the injury.

Here are a few example compensation payouts for assault:

Complete Loss of Lower Body Function (Paraplegia) (£267,340 to £346,890) – Paraplegia results in permanent loss of movement and sensation in the lower limbs. It necessitates lifelong care, home adaptations, and extensive rehabilitation.

Severe Arm Injuries (£117,360 to £159,770) – These injuries do not involve amputation but are extremely severe, leaving the individual in a condition nearly as debilitating as losing the arm. This includes cases such as severe brachial plexus injuries.

Severe Leg Injuries (iii) Serious (£47,840 to £66,920) – Compensation is determined based on the recovery period and the extent of mobility restrictions caused by the fracture.

Severe Ankle Injuries (£38,210 to £61,090) – These injuries require extended treatment, including plaster casting or surgical fixation, and result in significant long-term disability. They may cause severe ankle instability or greatly restrict walking ability. Compensation depends on factors such as failed arthrodesis, the risk of osteoarthritis, scarring, sleep disruption, employment impact, and the need for specialised footwear.

Moderate PTSD (£9,980 to £28,250) – In these cases, the individual will have mostly recovered, with any lasting effects not being significantly disabling.

Claiming Compensation Through The CICA 

Compensation in criminal injury claims made through the CICA is awarded as per the tariff in The Criminal Injuries Compensation Scheme 2012. The amounts in this tariff are fixed so the value given is what will be awarded.

Examples of payouts from the Scheme 2012 tariff include:

• Chest – Thoracotomy requiring repair or removal of 1+ organs: £16,500.
• Scarring – Serious Facial Disfigurement: £11,000.
• Fractured Jaw – Continuing significant disability requiring surgery: £6,200.
• Lungs – one punctured lung: £4,600.

As part of your CICA claim, you could also claim loss of earnings payments and special expenses for certain costs resulting from your injuries. There are eligibility criteria to claim back these costs so for a free assessment of your potential claim’s validity, contact our advisors today using the details given below. 

How Do I File an Assault Claim?

Filing an assault compensation claim can be a complex process, but following the correct steps increases the likelihood of success. Depending on the circumstances, claims can be made through the Criminal Injuries Compensation Authority (CICA) or via a personal injury claim against the responsible party. Ensuring all necessary paperwork is completed accurately and submitted on time is crucial for a smooth process.

1. Report the Assault: The incident must be reported to the police as soon as possible.
2. Gather Evidence: Collect medical reports, your police reference number and other relevant evidence.
3. Seek Legal Advice: If you are connected with a solicitor on our panel, they could provide you with legal advice.
4. File the Claim: Submit your claim through CICA or via civil litigation.
5. Await a Decision: The claim will be assessed, and compensation determined accordingly.

Filing a claim can help victims receive justice and financial support. Contact Fentons for more advice.

What Evidence Is Needed to Support an Assault Claim?

To successfully pursue an assault compensation claim directly against the perpetraor, strong evidence is essential. Evidence plays a critical role in proving the assault occurred, identifying the responsible party, and demonstrating the impact of the incident. Without sufficient proof, a claim may be denied or result in lower compensation.

• Police Reports: A formal record of the assault, including statements and investigations.
• Medical Records: Documents detailing injuries and treatment received.
• Witness Statements: Testimonies from people who saw the assault or its aftermath.
• CCTV or Video Footage: Surveillance footage or recordings of the incident.
• Photographic Evidence: Pictures of injuries, damage, or the scene of the assault.
• Psychological Reports: If mental health issues resulted from the assault, a professional assessment can strengthen the claim.

Having thorough evidence improves the chances of a successful criminal injuries claim. Contact Fentons for more advice.

How Long Do I Have to File an Assault Claim After the Incident?

The time limit for filing claims for assault depends on the type of claim and the circumstances surrounding the case. Failing to file within the required timeframe may result in the claim being rejected. Knowing the deadlines is crucial to ensuring eligibility.

• CICA Claims: Must generally be submitted within two years of the assault.
• Civil Personal Injury Claims: The time limit is three years from the date of the incident.
• Assault Charges for a Minor: If the victim was under 18, the deadline may extend until they turn 21.
• Exceptional Circumstances: If there were valid reasons for a delay (e.g., psychological trauma), an extension might be granted.

Acting promptly ensures the best chance of securing compensation. Contact Fentons for more advice.

Can I Make a No Win No Fee Assault Claim?

Many victims worry about legal costs when pursuing an assault compensation claim, but No Win No Fee arrangements can provide a risk-free way to seek justice. Under this agreement, claimants do not pay any fees for their solicitor’s services unless their claim is successful, making legal support more accessible.

Key Benefits of No Win No Fee Claims:

• No Upfront Costs: Claimants do not need to pay any solicitor service fees to start a claim.
• Reduced Financial Risk: If the case is unsuccessful, no service fees are owed.
• Expert Representation: A solicitor from our panel can provide guidance and increase the likelihood of success.
• Fair Access to Justice: Allows victims to pursue compensation without financial barriers.

A No Win No Fee agreement can help victims seek justice without financial strain. Contact Fentons for more advice, and to learn how to claim.

Fentons Can Help You Make Assault Claims

If you have been involved in an assault, a solicitor from our panel could help you claim the maximum compensation you deserve. With over 30 years of experience, our panel of solicitors specialise in helping victims secure justice. We offer free legal advice from friendly legal experts who will guide you through every step of the process. Our goal is to make the claims process as smooth and stress-free as possible.

To find out if you can claim compensation, Call 0333 000 0723 or contact us today.

Assault Claims FAQ

Can I file an assault claim if the perpetrator is unknown?

Yes, you can still make a claim through the Criminal Injuries Compensation Authority (CICA), which provides compensation for victims of violent crime even if the offender is not identified or caught.

What is the role of the police in assault claims?

The police play a vital role by investigating the assault, collecting evidence, and providing an official report, which is crucial when filing a claim through CICA or pursuing a civil case.

What is the difference between common assault and aggravated assault?

Common assault refers to cases where minimal or no injury occurs, while aggravated assault involves serious harm, use of a weapon, or intent to cause severe injury, leading to more severe assault charges penalties.

Can I pursue a civil claim for assault in addition to criminal charges?

Yes, you can file a personal injury claim alongside criminal proceedings. A civil claim allows you to seek financial compensation for physical and psychological damages beyond the criminal justice process.

Assault Claims Resources