A Guide To Claiming Compensation For A Physical Assault

This guide will explore when you could be eligible to claim criminal injury compensation for physical assault. We will discuss the time limits that may apply to your criminal injury case and the eligibility criteria you must meet to begin a claim.

Compensation For Physical Assault

Compensation For Physical Assault Claims Guide

We will provide information about the steps you could take to pursue compensation for injuries caused by a violent crime and how a settlement may be valued. Also, this article will discuss how a solicitor may be able to help you make a criminal injuries compensation claim. In particular, we’ll explain how a No Win No Fee agreement could provide you with a way to access the services of a solicitor without paying upfront fees.

Continue reading this guide to learn more. Additionally, you can contact our team of advisors if you have questions about the claims process. They are available to provide free legal advice at any time of the day or night.

To speak to a member of our team:

Choose A Section

  1. When Are You Eligible To Claim Compensation For Physical Assault?
  2. What Is The Difference Between Grievous Bodily Harm and Actual Bodily Harm?
  3. Potential Criminal Injury Compensation For Physical Assault From The CICA – What Could You Receive?
  4. What’s Required For You To Claim Using The CICA Tariff?
  5. Our Solicitors Can Help You Claim Criminal Injuries Compensation On A No Win No Fee Basis
  6. Learn More About Claiming Compensation For Physical Assault

When Are You Eligible To Claim Compensation For Physical Assault?

There are three potential avenues through which a claim could be made when seeking criminal injury compensation for physical assault. First, you may be able to claim directly against the individual responsible for your injuries if you know their identity and they have the available funds to pay the compensation award.

Secondly, a compensation claim could be made against a vicariously liable party, such as your employer. This can only be done if they did not uphold the duty of care they owe you and, as a result, you sustained physical or psychological harm due to a crime of violence.

Finally, if neither of these options is viable for you, you may be able to claim through the Criminal Injuries Compensation Authority (CICA), which deals with compensation claims from victims injured due to violent crime in England, Scotland or Wales.

To claim through the CICA, you must meet the eligibility requirements. These are as follows:

  • The crime of violence must have occurred in England, Scotland, Wales or another relevant incident location.
  • The incident needs to meet the CICA’s definition of a crime of violence, which includes a physical attack.
  • You must report the incident to the police. The CICA expects this to be done as soon as possible, which is usually immediately after the incident occurred.
  • You are within the time limits, which we will discuss in more detail in the following section.

It’s possible that extenuating circumstances affected when you were able to report the incident. Get in touch with our team to see if you’re still within the limitation period. They can answer questions you may have about claiming compensation for a physical assault.

Is There A Time Limit When Making A Compensation Claim For Assault Through The CICA?

You generally have 2 years to begin a claim through the CICA. This time starts from the date you report the incident to the police, which is expected to be done immediately unless exceptional circumstances prevented you from doing so.

Contact our advisers if you’d like to discuss the time limits applicable to your potential criminal injury claim. These can differ depending on the avenue through which your claim is made.

What Is The Difference Between Grievous Bodily Harm and Actual Bodily Harm?

Grievous bodily harm (GBH) and actual bodily harm (ABH) could both be associated with physical assault. According to the Crown Prosecution Service (CPS), which prosecutes criminal cases investigated by the police and other organisations in England and Wales, the charges are distinct in that:

  • ABH involves an individual deliberately or recklessly assaulting another. The hurt caused must be more than transient or trifling, but falls short of the severity found in cases of GBH.
  • GBH involves the victim sustaining ‘really serious’ harm, though this definition does not necessarily mean the injuries are permanent or life-threatening.

In the next section, we will discuss how the CICA determines criminal injuries compensation amounts.

Potential Criminal Injury Compensation For Physical Assault From The CICA – What Could You Receive?

Criminal injury compensation for physical assault can compensate you for the physical or psychological suffering caused by the incident of violent crime and reimburse you for certain financial losses.

The award for a successful claim made through the CICA will be valued in line with the tariff found in the Criminal Injuries Compensation Scheme 2012. We have used this tariff in the table below:

[table id=56 /]

You can pursue compensation for up to three qualifying injuries from the main tariff. This would be subject to the following formula:

  • 100% of the tariff amount for your injury valued as the highest.
  • 30% of the tariff amount for an equal or second-highest valued injury.
  • 15% of the tariff amount for an equal or third-highest valued injury.

There are payments separate from this tariff that you could be eligible to receive in certain circumstances that would not be subject to the above formula. These include cases where the violent crime resulted in you losing a foetus, becoming pregnant, or contracting a sexually-transmitted infection.

Additionally, you may qualify for additional payouts if your injury led you to incur financial losses, such as special expenses or loss of earnings.

Try our compensation calculator to receive an estimate of the criminal injury compensation you could be eligible to receive. Our team of advisers can provide information on the use of a criminal injury claim calculator and provide further insight into how the tariff for criminal injury compensation claims works.

What’s Required For You To Claim Using The CICA Tariff?

To claim compensation for physical assault via the CICA, you may be asked to provide evidence that your circumstances meet certain requirements. This could include:

  • A police reference number
  • Medical evidence
  • Evidence of any lost earnings or special expenses
  • Evidence to show you meet the CICA’s residency requirements

Speak to our advisers if you have questions about the evidence you may be asked to provide when claiming through the CICA. They can also tell you more about the process of applying for criminal injuries compensation for physical assault.

Our Solicitors Can Help You Claim Criminal Injuries Compensation On A No Win No Fee Basis

It’s important to state that you don’t need to hire a solicitor to make a criminal injury claim. However, it could prove beneficial to use the services of an experienced criminal injury solicitor, as they can guide you through the claims process.

Our No Win No Fee criminal injury solicitors could offer their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). This legal agreement means that you wouldn’t generally have to pay upfront or ongoing fees for your solicitor’s services. Additionally, you typically wouldn’t have to pay for the services provided by a solicitor if your claim fails.

However, your solicitor will take a small success fee from your compensation if your criminal injury claim succeeds. Legislation caps the percentile amount of this fee. Therefore, you always receive the majority of your compensation.

Want To Know If You Can Claim Compensation Through The CICA? Contact Us For Free Legal Advice

Contact our team of advisers if you have questions about claiming criminal injury compensation for a physical assault through the CICA. If our advisers determine that your claim could be valid and you wish to progress with us, they could put you in contact with one of our solicitors.

To speak to a member of our team:

Learn More About Claiming Compensation For Physical Assault

Related guides we’ve written on this topic:

Can Examples Of CICA Payouts Help Me Determine What Compensation I Could Receive?

How To Claim Compensation For A Broken Nose After An Assault

How Long Does A Criminal Injury Claim Take?

Information from external sources:

Report a Crime Or Incident – Police portal for reporting a crime

Victim Support – Charity dedicated to providing support to the victims of violent crime

Victim and Witness Services – Government information about accessing victim and witness support services

We hope this guide has provided useful information about claiming criminal injury compensation for physical assault. If you still have questions, contact our team using the details provided above.

Writer Morgan Fink

Publisher Fern Smithers/Jess Oisin