How To Claim Compensation For Common Assault

When claiming compensation for common assault, you will want to be as prepared as possible. This guide will offer you guidance on making a valid claim, as well as how you might benefit from using a No Win No Fee solicitor. You’ll also find out who can pay compensation in a claim for assault.

Compensation for common assault

Compensation for common assault claims guide

If you’ve been injured because of a crime of violence, then you could be entitled to receive compensation. You may be able to claim directly against the person who harmed you, provided that you know who they are and they have the funds to pay you. Alternatively, you may be able to claim through the Criminal Injuries Compensation Authority (CICA).

Our solicitors can handle common assault cases and could help you get the compensation you might be owed. For free legal advice, with no obligation to use our services, speak to an advisor now. They could connect you with our solicitors to help you make a claim. 

To get in touch, you can:

  • Call the number above
  • Make use of our live chat service
  • Request a call back using our online form

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How Can I Claim Compensation For Common Assault?

Assault is defined by the Crown Prosecution Service as someone taking an action to recklessly or intentionally cause someone else to suffer or apprehend immediate unlawful violence. It is a criminal offence. Common assault doesn’t require actual physical harm to have been caused; someone could be found guilty of criminal assault if they threw a punch that did not land, for example.

You may believe that you cannot claim compensation for assault if you don’t know who the perpetrator is. Alternatively, you might know who they are but they don’t have the funds to compensate you. In either case, the Criminal Injuries Compensation Authority (CICA) could benefit you.

The CICA was established in 1996 and provides compensation to injured victims of violent crimes in England, Scotland and Wales. In order to claim compensation for common assault through the CICA, the following criteria must apply:

  • You were injured in a crime of violence
  • The incident was reported to the police
  • You’re within the appropriate time limit for launching a claim

Latest CICA Statistics

An annual report revealed that the CICA dealt with over 28,771 claims in 2021, out of which, 27,669 were resolved. Additionally, the findings revealed:

  • Around 70% of cases led to a first decision being made within 12 months
  • A further 94% of claimants were satisfied with the work the CICA did – an increase of 1% compared to the previous year. 

The latest stats suggested that one of the common reasons a claim was refused by the CICA was because the claim was not submitted within the time limit. Typically, you must submit your CICA claim within two years of the date you notified the police of the crime. This is usually straight away; however, there can be exceptions to these time limits if extenuating circumstances apply.

Our advisors can offer free legal advice on applying for criminal injuries compensation, simply use our live chat feature to connect with a member of our team today. 

How Could A Criminal Injury Happen?

There are three categories of assault offence under UK law; common assault, actual bodily harm (ABH) and grievous bodily harm (GBH). Everything from abusive words to a severe physical attack is covered under the aforementioned categories. Criminal injuries that you might claim for include:

  • Common Assault – Occurs when someone intentionally or recklessly causes someone else to suffer or apprehend immediate violence of an unlawful nature. Can include instances where injury was not actually sustained; for example, where a punch was thrown but the assailant didn’t actually hit the victim. 
  • ABH – ABH is assault that causes someone to sustain bodily harm. Bodily harm is taken to believe any hurt or injury that interferes with the health or comfort of the victim. These injuries don’t need to be permanent, but do need to be more than trifling. 
  • GBH – Assault that causes really serious bodily harm (although this does not need to be permanent or dangerous). 
  • Sexual assault and rape. 

An assault may also severely impact your mental health; you are able to claim for any psychological harm such as post-traumatic stress disorder alongside any physical injuries you sustained. For more information on what you could claim for following an assault, get in touch with our team.

Steps To Prove Criminal Injuries 

You may be wondering, “Can you get compensation for common assault?”. You could potentially claim compensation for assault, but you would need to provide evidence in support of your claim. Some forms of evidence you might consider collecting in support of a claim directly against your attacker could include:

  • Medical reports – It is important to seek medical attention, firstly, for your injuries and, secondly, medical reports prove the extent of your injuries.
  • Witness contact details – Witnesses who saw the incident can provide statements supporting your claim.
  • Photographs – Take a photo of your injury and the scene of the crime.
  • CCTV footage – Request CCTV footage of yourself if possible to prove the incident happened.

Furthermore, if you claim through the CICA, then you will be expected to provide the following:

  • A crime reference number to show that you reported the incident to the police. This is essential when claiming through the CICA.
  • Evidence that you meet the requirements for residency.
  • Medical evidence; you’ll be expected to meet the cost of this up to £50, unless you can prove that you’re unable to do so.

The CICA may also liaise with the police for the information they need. For example, they may request confirmation of your cooperation with the police about your criminal record, as this can impact your claim.

If you would like to see if you could begin the claims process today, connect to an advisor. If you do have a valid claim, you could be connected with a No Win No Fee solicitor from our panel. 

Compensation For Common Assault – See The Latest Payouts 

To receive compensation for common assault from the CICA, your injuries will be serious enough to justify the minimum payout of £1,000. The CICA uses set tariffs to value different criminal injuries compensation. We have included example compensation amounts from their tariff of injuries to give you an idea of what you might receive if your claim is successful.

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It is also possible for you to claim special expenses through the CICA and this covers specific financial costs that are reasonable, necessary and caused directly by the crime of violence you sustained. However, you would only be able to apply for such payments if you were rendered unable to work for over 28 weeks.

Furthermore, the CICA only generally pays compensation for up to three injuries. When you have sustained more than one injury, the CICA pays 100% for the more serious injury, 30% for the second most serious injury and 15% for the least significant injury. If you lost a foetus as a result of the attack, then you can be compensated for this from a separate tariff that will not be subject to the multiple injury formula. 

To claim compensation for common assault, speak to our team for free legal advice.

Can I Claim Under A No Win No Fee Agreement

Funding legal representation may seem daunting due to the cost that it can incur, especially as when you begin your claim, there’s no guarantee that you’ll be awarded a settlement.

The criminal injury solicitors from our panel can process claims on a No Win No Fee basis, specifically under a kind of No Win No Fee agreement called a Conditional Fee Agreement. Through this agreement, you’ll be fully aware of the potential costs involved before legal proceedings begin.

Additionally, you won’t pay any upfront fees to your solicitor, nor will you pay ongoing legal costs. Instead, you’ll pay your solicitor a legally capped fee from your compensation if your claim is successful. If your claim is unsuccessful, you won’t pay any fees for their services. 

Ask Us About Compensation For Common Assault

Our solicitors can offer you their services on a No Win No Fee basis, but you must have a valid claim. If you speak to an advisor, they can give you a free consultation. To get in touch, you can:

  • Call the number above
  • Make use of our live chat service
  • Request a call back using our online form

More Information About Claiming Compensation For Common Assault

Before we conclude our guide on compensation for common assault, we thought you might be interested in some additional resources:

  • Offences against the person– Sentencing guidelines from the Crown Prosecution Service for different kinds of assault.
  • When to use 111 – NHS guidance on what to do if you have an urgent medical problem.
  • Coping with crime – Victim Support is an independent charity that helps victims of crime. 

We hope this guide has given you the information you need to claim compensation for common assault. If you’d like any more guidance, please get in touch. 

Guide by Lewis Jenson

Published by Fern Smithers