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Can You Claim Compensation for Being Assaulted?

by Editorial Team | March 13th, 2019 | Elementary

If you have been assaulted resulting in physical or psychological injuries that are having negative impact on your life, you may be able to claim compensation to help make your life easier. 

Assault compensation can be used to pay for medical treatment, counselling or other types of support, replace lost income and other financial losses, as well as covering other financial and non-financial effects on your life.

How do you claim compensation for assault?

There are two options for claiming compensation from an assault – you can make a claim to the Criminal Injuries Compensation Authority (CICA) or you can make a personal injury claim against your assailant.

A CICA claim for assault involves making an application to the Authority, which will then investigate you claim, including looking at expert medical advice on the injuries you sustained. The Authority will decide whether to award compensation and how much this should be. Your claim must be worth at least £1,000 to qualify for CICA compensation.

If you wish to make a personal injury claim against the person who assaulted you, this involves a separate process. Your solicitor will contact the defendant with the details of your claim and attempt to agree a settlement out-of-court wherever possible. Where an out-of-court settlement cannot be agreed, you may need to start court proceedings to secure compensation.

One of the key differences to bear in mind is that, with a CICA claim, it is the Authority who pays your compensation, whereas with a personal injury claim, it will be the person who assaulted you who must pay. Given that your assailant may not have the means to pay substantial compensation, it is often easier to secure compensation through the Criminal Injuries Compensation Authority. CICA claims are also often faster and more straightforward to resolve.

How much compensation can you get for assault?

The maximum amount of compensation you can claim via the Criminal Injuries Compensation Authority is Â£500,000, although most claims are valued at less that Â£25,000.

If you make a personal injury claim against the person or people who assaulted you, there is no upper or lower limit on the value of the claim. However, it may be that the defendant has limited means, which may impact the amount of compensation you are able to actually recover.

How long do you have to claim compensation for assault?

You normally have two years from the date of the assault to make a claim through the Criminal Injuries Compensation Authority.

The standard time limit for any type of personal injury claim, including for assault, is three years from the date of the injury.

Making a claim for criminal injury compensation

If you need to claim criminal injury compensation following an assault, it is important to have expert legal guidance. Working with an experienced legal team can help to ensure your claim progresses as quickly and smoothly as possible, while giving you the best chance of achieving fair compensation.

IBB Claims Solicitors specialise in criminal injury compensation, so can help to make the claims process as simple and stress-free as possible, making sure all the necessary evidence is collected and that any potential problems are anticipated and dealt with proactively.

With a free first consultation and the option of a no win, no fee deal to fund your claim, we make claiming compensation for assault easier for you.

Brought to you by our friend, Carol.

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