How Do I Claim Compensation for Being Attacked or Criminally Assaulted?
If you have been unlucky enough to have been assaulted, then it can be a traumatic time. There are the initial injuries to deal with, police statements, medical appointments and often scary situations to try and get over. However, there may also be financial implications of your assault as well as the harm to you physically and mentally. If you have been the victim of such a horrendous attack, then you might have to take time off work, arrange for someone to look after you or your children, or pay for expenses you would not have had to bear had the assault not happen. It is only fair that you are compensated for those costs as well as the injuries, both physical and mental that you’ve sustained. Compensation for assault is something you may or may not have considered looking into, which is likely why you’ve ended up on this page. Within this guide, we should be able to provide all the details you need when it comes to claiming compensation for assault, plus some additional information that may provide you with some comfort during this difficult time. If you need any clarification at all then call 0161 696 9685, otherwise you can read on to gain more knowledge about how the claims system works and how we can help.
Select A Section
- A Guide to Claiming Compensation for An Assault
- Compensation for Assault Personal Injury Calculator
- Valuing A Personal Injury Claim – What Is Included?
- What Is the Role of The Criminal Injuries Compensation Authority (CICA)?
- How Long Do I Have to Make A Criminal Assault Claim?
- What Is the Legal Definition of Assault?
- What Are the Different Degrees of Assault?
- GBH, ABH And Common Assault
- Can I Claim Compensation for Assault If No One Is Caught or Convicted?
- Assault Witness Compensation Claims
- How Do I Claim Compensation After Being Assaulted?
- No Win No Fee Personal Injury & Assault Compensation Claims
- Why Contact Our Friendly Team?
- Talk to Us Today
- Violent Crime and Assault Victim Support
Compensation for a criminal assault claim may, from the outside, look very scary, and if you’ve been through something scary already, it is no wonder you might be wary of trying to go over the whole thing again to get compensation for assault. However, this does not mean you should not try and claim, simply because you are likely to deserve some recompense for what’s happened, and you also deserve to have your costs covered. In this guide, we’ll take you through the process, and we’ll also give you some information that might surprise you, such as how you can claim without financial risk, as well as some common payout brackets your injury/ies might fall into.
Assaults can be very frightening, and whether you have been the victim of a mugging, a disturbed robbery where the perpetrator has attacked you to get away, or you’ve been raped or attacked by a stranger or even a partner, assault is assault and hopefully, with the attacker being dealt with by the police and the courts, you should finally be able to pick up the pieces after your assault and try to move on. A compensation claim for assault should be able to help you by ensuring you are not left financially worse off by the events that were not your fault.
Compensation for assault payout amounts can vary widely. How much compensation will I get for assault? The answer depends entirely on the level of injury, the prognosis for recovery, and the financial costs you’ve had to bear as a result of your assault. This is why standard personal injury claims calculator pages don’t give the correct amount that you’ll get. In fact, no one can predict this. To illustrate to you an approximation of typical criminal injuries compensation payout amounts, however, we can take a look at the figures provided by the Judicial Claims Guidelines, which detail payment brackets for specific injuries for compensation for being attacked. We’ve included a number of different injuries here but of course, there are many others. You would be wise to get in touch with a personal injury solicitor to discuss your specific case in detail so they could give you an idea of your possible payment amount. It is unwise to tap your details into a ‘compensation for assault calculator’ as you would likely get a figure that is far from the one actually arrived at.
|Type of injury||Notes||Typical Payment Bracket|
|Disfigurement to the face – trivial||Both for male and female victims. There used to be different amounts for male and female, but this has since been amended – minor effects only||£1500 to £3090|
|Disfigurement to the face which is less significant||Either one scar that is able to be camouflaged or small scars that are not that noticeable||£3460 to £12050|
|Disfigurement to the face which is significant||Worst effects would have been corrected by some kind of plastic surgery, but scarring will be visible to those at a distance that is said to be conversational||£7990 to £26380|
|Damage to the Brain – Very severe||Leaves the victim with some ability to be able to follow commands, but no or only a little response that is meaningful to the environment around them.||£247280 to £354260|
|Damage to the Brain – Moderate in severity||Very serious disablement, intellect and personality affected.||£192090 to £247280|
|Damage to the Brain – Moderate||The degree of the victim’s dependence is lower than that of the above||£37760 to £192090|
|Damage to the Brain – less severe||Good recovery, person can return to social activities and work, but not all functions may have been restored fully||£13430 to £37760|
|Fractured ribs||Disability and serious pain in the short-term but recovery over a few weeks||£ up to £3460|
|Cheekbone fracture||Serious||£8940 to £13840|
|Cheekbone fracture||Simple fracture requiring surgery||£3810 to £5660|
|Cheekbone fracture||No surgery required||£2040 to £2620|
When making a personal injury claim, you may realise that your compensation amount includes more than just compensation for your actual injuries, physical and emotional. It also can include other costs that may have come about directly because of the incident that has befallen you. In essence, almost any cost you’ve incurred as a result of the incident could be claimed for, but you must ensure you keep proof of the cost so that you can evidence it to the parties involved. Here, we explain types of damage and what could be included within these different types.
There are damages that you can claim for your injuries, which are often termed non-economical. This is because they impact you physically and mentally, not financially as such. Pain from your injury and suffering is compensated here.
These are economic costs that have a financial impact. There are several costs that fall under this umbrella, which we break down below:
You may not pay for private treatment but if you pay for prescriptions, then this could be covered here. If you do have to pay for treatments to recover such as physiotherapy or counselling, these could be included. Adaptations to the house you’re living in also may form part of these medical expenses.
Many injuries from assault are quite severe and may impact your ability to do things you used to do normally such as getting dressed and washed etc. Having someone care for you incurs a cost, and this can be claimed for too. In addition, if your children have had to go to paid childcare because you couldn’t look after them, then this cost would be covered here too.
Loss of income – future and actual
If you can’t work, in some cases, you won’t get paid, and if you do, it may be a reduced pay. If this is the case, then costs for wages lost can be calculated as part of your damages. If this is likely to impact your ability to earn in the future, this can also be computed as part of your claim.
Whether you have had to travel for treatment, pay for parking, or pay for petrol, then direct costs of travel to do with your injury or your claim could be claimed for. Remember though, you do need to keep receipts.
Sadly, crime is a problem in the UK, and because it is such a problem, there is an authority to oversee and ensure victims of crime are compensated should they suffer harm or loss at the hands of a criminal. Whether mentally or physically injured, CICA, sponsored by the MOJ (Ministry of Justice) deals with the claims lodged against them by victims, at a current rate of around 40,000 cases per year, issuing compensation settlements of up to 200 million pounds across the board.
Assault compensation amounts are set by the Criminal Injuries compensation authority scheme, and so is the criteria that must be met for compensation to be forthcoming. In addition, they also seek to help victims of terrorist attacks for UK victims abroad.
To be awarded compensation from CICA, the injuries you’ve sustained must be severe enough to warrant the minimum payment amount of £1000. Serious injuries can entail a person being awarded up to half a million pounds, but they must be the most severe types of injury to do so. There are tariffs set for specific injuries, which act as a guide for CICA to settle this type of claim.
There is no set amount of time for an assault claim to be settled by CICA, but in reality, most cases take between 6 months and a couple of years. However, it is important that all the facts, including your future prognosis, be taken into account to come up with the final settlement figure. So, depending on the extent of your injuries, you may have to wait some time for the full picture of how your injuries will affect you for life to be ascertained.
In terms of how long you have to make a claim, this is a little more simple. Take a look at the table below to see how long you might have to claim.
|Circumstances||Limit for claims|
|Criminal injury – assault – adult||2 years from the date of the incident (in most cases)|
|Criminal injury – assault – child||2 years from the date they turn 18 (If an adult has not claimed on their behalf before this)|
|Late application – mitigating circumstances||Speak to a personal injury solicitor – there are some exceptions and they will be able to advise you if there is a possibility that your claim could be heard.|
According to the UK legal system, assault consists of the infliction of reckless or intentional harm towards another party. These acts are usually referred to as being offences that are against a person. With regards to the nature of ‘harm’, this does include emotional and physical trauma – not just one or the other. After all, psychological harm can cause a person to fear for their safety and even their life. This can have a marked effect on their life.
There are different kinds of assault, and not all are seen as being as serious as others. These include common assault, actual bodily harm, grievous bodily harm and battery.
The degrees of assault can be classed from least severe to most severe as follows:
- Battery – This consists of pushing, poking or offensive contact of some kind
- Assault (Common) – This consists of shoving, punching or spitting
- Assault (Common – Racially Aggravated) – Assault that is discriminatory, and pre-meditated fighting
- Assault which occasions actual bodily harm – Punching that results in cuts that are minor, or slamming a person against an object or wall
- Pre-meditated actual bodily harm – Planning an attack and targeting a person
- Wounding (unlawful) – Headbutts and use of a foot which is shod
- Grievous bodily harm (Single blow) – Single punch knockouts, single strike with some kind of weapon
- Grievous bodily harm – Reckless transmission of an STI, glass bottle used, stabbings
- Grievous bodily harm (Pre-meditated) – Pre-planned, victim is known to the attacker
- Grievous bodily harm (Racially aggravated) – Pre-planned – victim would have been targeted
In terms of the types of assault, it is important to understand the difference between GBH ABH and common assault. A definition of each is below:
Common assault – This is where a person is touched without consent. It doesn’t actually require there to have been an injury, but there usually needs to be significant contact and the person is usually injured in a minor way for a prosecution to go ahead. Common assault cases are able to be heard at a magistrate’s court only. The longest sentence for an assault of this type is, custodially, usually 6 months, and as a minimum, a perpetrator would expect to receive a fine.
GBH – Grievous bodily harm can be actioned in two different ways:
- Reckless GBH
- Intentional GBH
This can happen via the transmission of a disease biologically, via a wounding, or even psychologically.
This is the most serious form of assault and carries the longest sentences for assault as such.
ABH – Actual bodily harm – This is where injuries are usually more minor, but still interfere with the personal comfort or health of a person. This can be anything from hair cutting without consent (interfering with the confidence and mental health of the person) to scratches and cuts or bruising.
All that you will need to prove is that you were assaulted, and it has left you with injuries. It has no bearing on your compensation claim whether the perpetrator was caught or convicted of the assault. This carries over to not only physical but emotional trauma. If you are having difficulty sleeping or feel a loss of confidence being out and about, then it is only fair that you receive compensation for this, as it has had an effect on your life, even if – and in some cases especially if – no one was brought to justice for the assault.
Witnessing an assault can be a traumatic experience, especially if you know the person that has been assaulted and they mean something to you. Sometimes being a witness to an assault can lead to depression and anxiety. Others have fear of leaving the house after witnessing such an event. If you have witnessed something akin to this, then it is only right that you seek compensation for how your life has been affected.
In order to make claims for compensation for assaults, there must be certain criteria fulfilled. Firstly, you must be able to recount the details of what has happened. This is why it is often a good idea to write down your version of events down as quickly as you can after the assault, so you don’t forget anything. This should include dates, times, persons involved, persons witnessing the events, whether the incident was reported to police and crime reference numbers, medical help sought, and what came from this – treatment details etc. In addition to this, you will need proof of the costs that you’ve had to pay out because of the incident.
Once you have all this, or even if you didn’t get the details at the time, try to remember all you can and do call our team so we can advise you best on what to do next and whether you’d have a claim. We will take some details and advise you on what we feel the best course of action is, then we will be able to connect you to a personal injury lawyer with experience in this area of the law.
So many people don’t go ahead and claim compensation for assault, which we feel is unfair to them. They are often put off by what they think must be the high costs of claiming. But in fact, there doesn’t have to be an upfront cost at all. More and more people are learning about no win no fee and how it can help them fund a claim with no risk to their bank balance at all.
The method behind this is that the risk is all on the no win no fee solicitor that takes your case on. A pre-agreed percentage of the final compensation for assault amount is determined by you and the solicitor, and should the case not result in a payout, that percentage would obviously amount to zero. No compensation, no legal bill to pay. It really is that simple.
We know personal injury claims well, as we have been dealing with them for years. At the end of the phone, you’ll find experienced and helpful advisors, who are used to speaking to people that have gone through something as traumatic as you have. We are sympathetic yet professional enough to weed out the pertinent details of your case to give you the advice you need. Previous clients have praised us for our attention to detail and the great level of customer support, and of course, for helping them to take forward their assault compensation case to a successful conclusion. Every single member of the Advice.co.uk team is committed to ensuring that you get not only the compensation for assault you deserve but also the right support to help you through what is often a very difficult time. We aim to take the stress out of claiming, and if you listen to many of our previous clients, they’ll agree that we do just that. All you have to do is follow the simple steps below:
|Get in touch with our advisors through phone, post or email.||Your claim will be duly assessed,||You’ll get the support you need, and we’ll start to handle your claim.|
Whatever the type, severity or financial implications of the assault, we are here for you. Whether it’s to offer actionable advice or help providing you with a solicitor to get your that all-important compensation for assault payout, we are committed to providing the best outcome possible for your case. We’ve made it easy for you to get in touch, by phone 0161 696 9685, or via the contact form on our website.
CPS – Victims and witnesses – The details from the Crown Prosecution Service on how victims and witnesses are treated.
Crime statistics – The Office of National Statistics information on crime in the UK.
Domestic assault and abuse – How you can get help.
Victim support – A charity set up to support victims of crime.
NHS Page on Domestic violence and abuse – This NHS page is a guide to domestic violence help