Domestic Abuse Claims – How Much Compensation Can I Receive?

This guide highlights when you may be able to successfully make a domestic abuse claim. We define domestic abuse and explain what factors could impact the payout you may receive.

In addition, we cover the eligibility criteria you will be expected to meet if you are claiming through the Criminal Injuries Compensation Authority (CICA). This is a government-sponsored organisation with the purpose of providing a compensation scheme for victims of violent crime within Scotland, England, and Wales. 

domestic abuse claim

Domestic abuse claim guide

Similarly, our guide also explores how their tariff of injuries is used to value claims and the time limitations regarding seeking criminal injuries compensation. Moreover, we look at the evidence you may be asked to produce when claiming this way.

Furthermore, we discuss how a No Win No Fee agreement works and what you can expect if you enter one after being offered such by criminal injury solicitors.

Please continue to read our guide to learn more about how much compensation you can receive for a domestic abuse claim. For further guidance, please get in contact with our advisors.

Our team can provide you with a free consultation about your claim and offer you legal advice to help. To reach our advisors, please contact us by:

Choose A Section

    1. What Compensation Could You Receive From A Domestic Abuse Claim?
    2. When Are You Eligible To Make A Domestic Abuse Claim Through The CICA?
    3. Is There A Time Limit To Claim Through The CICA Tariff Of Injuries?
    4. What Do You Need To Potentially Receive Domestic Abuse Compensation?
    5. Why Make A Domestic Abuse Claim On A No Win No Fee Basis?
    6. Learn More About Claiming For Domestic Abuse Compensation

What Compensation Could You Receive From A Domestic Abuse Claim?

You may be able to make a domestic abuse claim through the CICA. The Criminal Injuries Compensation Scheme 2012 provides a tariff of injuries that are used to value claims. 

Factors affecting the value of a claim include the extent of the injury, the physical and psychological impacts and whether the symptoms are permanent. 

You can claim for up to three injuries from this tariff. Multiple injuries are subject to a formula as outlined below:

  • You will receive 100% of the stated amount for your highest-valued injury. 
  • 30% of the stated amount for your second-highest or equally valued injury. 
  • 15% of the stated amount for your third-highest or equally valued injury. 

Additional payments can be made that are not subject to this formula because they come from a separate tariff. These are made if the crime of violence resulted in pregnancy, the loss of a foetus, or the contraction of a sexually-transmitted infection or disease.

Examples of CICA payouts are shown in the table below. Alternatively, our compensation calculator can give you an idea of the payout you could receive.

[table id=55 /]

Your claim might also include a payment for special expenses. These cover things such as: 

  • Any equipment damaged in the incident which you relied on, for example, glasses.
  • The cost of home adaptations that were purchased to cater to your injury, for example, a stairlift.
  • The cost of medical treatment by the NHS or another state health service that would cost the equivalent of receiving it on the NHS. 

These expenses must be necessary and reasonable, resulting directly from the incident.

What Is Domestic Abuse?

The Domestic Abuse Act 2021 defines domestic abuse as abusive behaviour between personally connected individuals that are sixteen or over.  Examples of abusive behaviour include the following: 

  • Physical attacks or sexual abuse.
  • Behaviour that is threatening or violent.
  • Coercive or controlling behaviour.
  • Psychological or emotional abuse. 

Please contact us if you want to know more about making a domestic abuse claim through the CICA. 

When Are You Eligible To Make A Domestic Abuse Claim Through The CICA?

When claiming through the CICA, the following criteria need to be met: 

  • You reported the incident to the police.
  • The incident happened in England, Wales, Scotland, or another relevant place as defined by the CICA.
  • A crime of violence is the cause of your injuries.

A crime of violence includes attacks, violent acts or omissions. It also covers arson, sexual assault and certain threats. 

It’s possible to claim directly against the perpetrator, though they would need sufficient funds to provide you with compensation. You could also claim against a vicariously-liable third party, such as an employer if they breached their duty of care to you under the Health and Safety At Work etc. Act 1974.

If these options are not viable, you can claim through the CICA. To learn more about what a CICA claim is, please contact our team. 

Is There A Time Limit To Claim Through The CICA Tariff Of Injuries?

Generally, when making a CICA claim, you will have two years from reporting the incident to the police to start a claim. You’re usually expected to make a report to the police immediately. 

However, if exceptional circumstances apply that stopped you from either being able to report the incident straight away, or meant that you could report the incident immediately but there was a delay in the actual claim being made, then this could be considered and your claim could be made outside of the general limitation period.

If a person wishes to make a claim on behalf of a child, they must be their legal guardian or parent. For more information on making a domestic abuse claim, please contact our advisors for legal advice.

What Do You Need To Potentially Receive Domestic Abuse Compensation?

Evidence will be useful to have when applying for criminal injuries compensation. When claiming for the CICA, you may need to provide the folllowing: 

  • Your police reference number.
  • Proof that you meet the residency requirements. 
  • Medical evidence.

If the CICA requires further evidence or details about your incident, they can acquire this through contact with the police. 

Why Make A Domestic Abuse Claim On A No Win No Fee Basis?

When making a domestic abuse claim, you may choose to use the services of a solicitor. They could offer to work on a No Win No Fee basis; a popular kind of this is a Conditional Fee Agreement. 

These arrangements typically mean that if your claim is unsuccessful, you will not be obliged to pay for the services that your solicitor has provided, and they usually won’t ask you to pay any fees upfront or as the claim progresses. Your solicitor will take a success fee if you make a successful claim. 

A success fee is a deduction of your compensation that your solicitor will take. This is legally capped at a percentage which is limited by the Conditional Fee Agreements Order 2013.  

Please contact us to learn more about the benefits of using a No Win No Fee solicitor to help with your criminal injury claim. Our advisors have access to solicitors from our panel that can assist you throughout your claims process.

Contact Us For Free Legal Advice – See If You Can Claim Through The CICA Today

To learn more about making a domestic abuse claim, please get in contact with our team: 

Learn More About Claiming For Domestic Abuse Compensation

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Writer Emily Mend

Publisher Fern Smithers