Assault Claims Guide – How Much Compensation Will I Get For A Assault Claim?

By Max Misoka. Last Updated 23rd June 2022. This is a guide on how to claim compensation for assault. 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 happened. It is only fair that you are compensated for those costs as well as the injuries, both physical and mental that you’ve sustained.

How Do I Claim Compensation for Being Attacked or Criminally Assaulted?

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.

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A Guide to Claiming Compensation for An Assault

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 assault compensation payouts.

Compensation for Assault

Compensation for Assault Claims Guide

Assaults can be very frightening, and could include mugging, a robbery where the perpetrator has attacked you to get away or rape. If you have experienced something similar, you could potentially claim. 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.

Assault Compensation Payouts For 2022

Receiving compensation for assault cannot undo the harm you suffered, but it may be able to ease the pressure of remaining medical bills or other related expenses.

If you are claiming directly against the perpetrator, assault compensation payouts can be split into two potential heads of claim: general damages and special damages. General damages cover the issues caused by the injuries and the subsequent effect they have on your life. For example, if your assault led to injuries of a permanent nature, this would be considered while valuing your claim.

The compensation table below contains compensation brackets taken from the 16th edition of the Judicial College Guidelines (JCG), published in 2022. However, these figures are not a guarantee, as each case is assessed individually. Also, be aware that if you make your claim through the CICA, these figures will not apply.

Type of injuryNotesTypical Payment Bracket
Damage to the Brain – Very SevereLeaves 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.£282,010 to £403,990
Damage to the Brain – Moderately SevereVery serious disablement, intellect and personality affected.£219,070 to £282,010
Damage to the Brain – Moderate (iii)Injury will result in a small risk of epilepsy, affected concentration and memory and a reduced ability to work. Dependence on others is limited.£43,060 to £90,720
Damage to the Brain – less severeGood recovery - the claimant can return to social activities and work, but not all functions may have been restored fully.£15,320 to £43,060
Cheekbone fracture (i)Serious - requires surgery but will result in lasting consequences such as some element of disfigurement.£10,200 to £15,780
Cheekbone fracture (ii)Simple fracture requiring surgery but a complete recovery will be made with no or minimal cosmetic effect.£4,350 to £6,460
Cheekbone fracture (iii)No surgery required.£2,320 to £2,990
ChestWhen the damage to your chest/lung(s) resulting in lasting disability£31,310 to £54,830
ChestSoft tissue injuries or rib fractures that cause disability or serious pain over a period of weeks only.Up to £3,950

You might also be able to claim assault compensation payouts under special damages. You can learn more about the differences between general and special damages in the following section.

Our advisors can provide a free estimate of what your claim could be worth when you get in touch today, as well as offering free legal advice and more information surrounding compensation for assault.

Valuing A Personal Injury Claim – What Is Included?

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 damages and what could be included within these different types.

General Damages

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.

Special Damages

These are economic costs that have a financial impact. There are several costs that fall under this umbrella, which we break down below:

Medical Expenses

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.

Care Costs

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 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.

Travel expenses

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.

What Is the Role of The Criminal Injuries Compensation Authority (CICA)?

The Criminal Injuries Compensation Authority (CICA) is an authority that aims to provide compensation to victims of a violent crime should they suffer physical or mental harm or loss. It covers England, Scotland and Wales. Whether mentally or physically injured, the CICA, sponsored by the Ministry of Justice, handles claims where the perpetrator cannot be identified or does not have the funds to pay compensation.

Assault compensation amounts are set by the Criminal Injuries Compensation Scheme Tariff 2012, 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 the 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.

Examples of CICA Payouts

Many potential criminal compensation payouts are sought through the CICA. This is because you would have to claim compensation through them if you’ve been the victim of a violent crime in England, Scotland or Wales and are unaware of who the perpetrator is.

Furthermore, you could also use the CICA if you’re aware of who the perpetrator is and they simply don’t have the funds to provide you with sufficient compensation.

The table below can give you a better idea of what assault claims compensation you could receive through the CICA. They have a tariff that they use to provide compensation to victims of violent crime.

Major paralysisCases that aren’t a result of brain damage. Paraplegia that’s substantially complete with impairment of lower extremities’ sensory function.£175,000
Sight lossWhere sight has been lost in one eye.£22,000
EyeBoth retinas detached.£13,500
JawA fractured jaw bone that requires an operation and causes a continuing disability that is significant.£6,200
FingerLoss of index finger.£6,200
ScarringSerious disfigurement to the head.£3,500
ElbowFracture or dislocation of one elbow where a substantial recovery is made.£1,500
Mental injuryA mental injury that is disabling and has been confirmed by a psychiatrist that lasts between 6 and 28 weeks.£1,000
ScarringSignificant disfigurement to the face. £2,400
HeadA minor injury with minimal brain damage that lasts 28 weeks or more.£1,500

It’s important to note that, with the CICA, the amount of compensation you receive can vary depending on the extent of your injuries and how they may continue to affect you.

If you are claiming for multiple injuries, you would only receive 100% of the compensation for the injury that is considered the most valuable. After that point, you would receive 30% compensation for the second most-serious injury and 15% for the third most-serious injury, respectively.

If you have any further questions about claiming compensation from assault claims, please contact our team of specialists at a time that suits you using the above details.

How Long Do I Have to Make A Criminal Assault 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.

CircumstancesLimit for claims
Criminal injury – assault – adult2 years from the date of the incident (in most cases)
Criminal injury – assault – child2 years from the date they turn 18 (If an adult has not claimed on their behalf before this)
Late application – mitigating circumstancesSpeak 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.

What Is the Legal Definition of Assault?

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.

What Are the Different Degrees of Assault?

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 (ABH) – 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 (GBH) (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 – the victim would have been targeted

GBH, ABH And Common Assault

This section looks at what ABH, GBH and common assault are. 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 custodial sentence for an assault of this type is 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:

  1. Reckless GBH
  2. 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 sentence for assault.

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 haircutting without consent (interfering with the confidence and mental health of the person) to scratches and cuts or bruising.

Can I Claim Compensation for Assault If No One Is Caught or Convicted?

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.

Assault Witness Compensation Claims

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.

How Do I Claim Compensation After Being Assaulted?

How Much Do You Get For Assault?

How Much Do You Get For Assault Claims Guide

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 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 the 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.

No Win No Fee Personal Injury & Assault Compensation Claims

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.

Why Contact Our Friendly Team?

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.

Every single member of the Advice 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. So why not get in touch today:

  • Get in touch with our advisors through 0161 696 9685, our online contact form, or our live chat function.
  • Your claim will be duly assessed for its eligibility and potential success.
  • You’ll get the support you need, and we could connect you with a solicitor from our panel to handle your claim.

Talk to Us Today

Whatever the type, severity or financial implications of the assault, we are here for you. Whether it’s to offer actionable advice or help by providing you with a solicitor from our panel to get you 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.

Violent Crime and Assault Victim Support

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.

Broken Tooth Injury Claim – If you’ve suffered from a broken tooth that was the fault of another, find out how you could claim.

Permanent Scar Claim – If you have a permanent scar after an accident or injury that was due to another’s negligence, find out here how you could claim.

Broken Rib Compensation Claims – Find out how to claim if you’re suffering from a broken rib injury that was caused by the negligence of another party.

Eye Injury Claims – Learn how to claim if you’ve suffered an eye injury due to a breach in duty of care.

Burn Injury Compensation Claims Guide – Learn what compensation you could claim for if you’ve suffered a burn injury due to the negligence of another.

Stab Victim Compensation Claims – Find out from our guide how to claim compensation if you’ve been stabbed.

Criminal Injuries Compensation – This guide explains how you can claim if you’ve suffered due to a criminal injury.

Making a CICA Claim with a Criminal Records – Learn all about the implications of having a criminal record when trying to make a claim through the CICA.

We hope you found this guide about claiming compensation for assault helpful. If you have any further questions, please feel free to get in touch at any time.