Welcome to our guide about claiming compensation as a victim of assault and battery. We will provide important information about the evidence you need to show in order to claim criminal injuries compensation and the time limits that may affect your potential claim. We will also explain what the Criminal Injuries Compensation Authority (CICA) claim process can involve.
Claiming compensation as a victim of assault and battery
The CICA is an executive governmental agency that can provide compensation to the victims of violent crime. Though there are other ways you may be able to get assault compensation, such as by claiming directly against your assailant or a vicariously liable organisation, we will focus on claiming through the CICA; this can be done when no other means are available to you.
Read on to learn more about how victims of violent crime can get compensation through the CICA. Alternatively, you can contact us using the following methods to discuss the details of your circumstances with a member of our team:
- Complete our form to make a claim online
- Call 0800 073 8805 to speak with an adviser
- Contact our team with the live chat bubble onscreen now
Choose A Section
- Claiming Compensation As A Victim Of Assault And Battery – A Guide
- When Are You Eligible To Seek Criminal Injuries Compensation?
- What Amount Of Violent Crime Compensation Could You Receive?
- What Potential Evidence Can Be Used In CICA Claims?
- Why Make A No Win No Fee Compensation Claim For Criminal Injuries?
- Learn More About Claiming Compensation As A Victim Of Assault And Battery
Claiming Compensation As A Victim Of Assault And Battery – A Guide
Assault and battery are terms encompassing two separate criminal acts. The first, assault, is defined by the Crown Prosecution Service as ‘any act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.’ The second, battery, is a form of assault that involves physical violence.
You could be the victim of assault but not battery. For example, if someone intends to harm you and throws a punch, that person can still be charged even if the blow does not land.
In order for you to make a claim for compensation through the CICA, then you would need to have been injured as the result of a crime of violence. In the next section, we will discuss the eligibility requirements you must meet to claim through the CICA.
If you have been the victim of a violent crime, you could be entitled to claim for your injuries. Call our advisers or keep reading to find out more about claiming compensation as a victim of assault and battery.
When Are You Eligible To Seek Criminal Injuries Compensation?
You may be eligible to make a criminal injuries claim through the CICA if you can show the following criteria are true of your circumstances:
- The incident occurred in England, Scotland or Wales. It could also have occurred in a ‘relevant place’ such as aircraft or vessels registered to the aforementioned countries;
- The incident meets the CICA’s definition of a crime of violence, which we will discuss shortly; and
- The incident was reported to the police as soon as possible. Normally this means immediately after the event, but if there are extenuating circumstances that mean you couldn’t report it straight away, your claim may still be considered.
The CICA definition of a crime of violence includes physical attacks, such as a punch that causes injuries to the face like a broken jaw. Assault and battery, therefore, can fall under the CICA’s definition of a crime of violence.
Speak to our advisers if you would like further advice on applying for criminal injuries compensation. They can answer any questions you may have about specific subjects, such as if you can claim for criminal injuries with a criminal record.
What Amount Of Violent Crime Compensation Could You Receive?
The CICA compensation for victims of violent crime can involve several heads of claim, including compensation for your injuries, special expenses, and lost earnings.
A violent crime compensation calculator may give you an idea of the payout you could receive for your physical or psychological injuries. The CICA do not have an official compensation calculator available, so we have included a table reflecting the CICA tariff of injuries. This comes from the Criminal Injuries Compensation Scheme 2012.
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The above entries are examples of criminal injuries compensation amounts. You can claim for up to 3 injuries from the main CICA Tariff. However, they will be subject to the CICA’s multiple injury formula. This means that you would receive 100% of the highest value injury, 30% of the second highest, and 15% of the third highest.
Our advisers can tell you more about the compensation you could receive for a criminal injury. Call now for a free consultation with experts who could offer advice about how to proceed with your potential claim.
Can I Receive Special Expenses When Claiming Compensation As A Victim Of Assault And Battery?
The CICA may award special expenses if you have lost earnings, lost the capacity to earn, or been incapacitated to a similar extent for at least 28 full weeks. Special expenses will be backdated to the date of the incident, while lost earnings will be awarded from week 29 onwards.
Financial losses you could recoup through special expenses include treatment costs from the NHS or a different healthcare provider if the NHS would have charged the same. They could also cover physical aids, such as spectacles, that were damaged during the incident.
This list of special expenses is not exhaustive. Contact our advisers to learn more about the losses that special expenses could cover in compensation as a victim of assault and battery.
What Potential Evidence Can Be Used In CICA Claims?
The CICA will request certain evidence when you begin a criminal injuries compensation claim. These include:
- Evidence showing that you meet their residency requirements
- Medical evidence showing the extent of your injuries
- Financial evidence to support your claim for special expenses
- A police reference number
You must also begin your claim within 2 years of reporting the incident to the police. This is the CICA claim time limit. However, extenuating circumstances could mean that your claim could be considered outside of this time limit, so contact our advisers to find out if this could apply to your potential claim for compensation as a victim of assault and battery.
Why Make A No Win No Fee Compensation Claim For Criminal Injuries?
Though you do not need a solicitor in order to make a compensation claim for assault, hiring legal representation could make the process much easier. Our criminal injury solicitors have years of experience that could benefit your potential claim.
Additionally, they may be able to offer you their services under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA). When using this type of agreement, you generally do not have to pay for your solicitor’s services if your claim fails. Nor do you usually have to pay fees upfront in order to get your claim started.
Instead, your solicitor will deduct what’s called a ‘success fee’. This is a percentage taken from your compensation if your claim is successful. The amount your solicitor can take is subject to a legal cap.
Contact Us For Free To See If You Could Receive CICA Compensation
Give our advisers a call if you would like more advice after using a criminal injury claim calculator or to find out how long your criminal injury claim could take. This consultation is free, and our team is available 24/7. Our advisers can offer you free legal advice and, if they feel your claim is valid, put you directly in touch with one of our solicitors. Get in touch today:
- Complete our form to make a claim online
- Call 0800 073 8805 to speak with an adviser
- Contact our team with the live chat bubble onscreen now
Learn More About Claiming Compensation As A Victim Of Assault And Battery
Below are a few more related guides:
Can I Claim Compensation For Attempted Murder?
Claiming Criminal Injuries Compensation For Facial Scarring
How To Claim Compensation For Common Assault
We also linked to further resources that may be of use:
Broken Nose – NHS information about how to diagnose a broken nose
Victim Support – An organisation that provides support for the victims of crime
Your Rights After A Crime – Government resource about your rights after a crime
We hope this guide has provided useful information about claiming compensation as a victim of assault and battery. If you need more details on a specific topic, get in touch with us using our phone number.
Writer Morgan Fink
Publisher Fern Smithers
