Assault Compensation Claims – Check Your Eligibility

By Jo Anderson. Last Updated 20th December 2023. This is a guide to claiming compensation for assault. Below, we’ll review the eligibility criteria for making a claim for assault compensation and provide you with examples of potential payouts in compensation for being attacked. If you have questions about making an assault claim, this page could help you.

We also explain No Win No Fee agreements and offer guidance and support on making an assault claim, such as what compensation for being attacked can include beyond money for your pain and suffering.

If you would like to make a claim for assault compensation, then you can reach out to us today.

We offer free case checks to everyone who calls without placing any obligation on you to proceed.

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Man holds injured head after being assaulted

Select a Section

  1. What Is The Criminal Injuries Compensation Authority And The Criteria To Make An Assault Claim?
  2. What Injuries Can I Claim Compensation For?
  3. Evidence Needed To Claim Compensation For Assault
  4. What Can I Include in My Assault Claim?
  5. Assault Compensation Payouts
  6. Can I Claim For An Assault With A No Win No Fee Solicitor?
  7. Useful Links and Support for Victims Making Assault Compensation Claims

What Is The Criminal Injuries Compensation Authority And The Criteria To Make An Assault Claim?

If you have been assaulted, you could make your claim through the Criminal Injuries Compensation Authority (CICA). They are a government-funded agency that awards compensation to those who have been criminally injured. To be eligible to make an assault claim through the CICA, you must meet certain eligibility criteria. These are:

  • You need to have reported the incident to the police. If it wasn’t reported to them, you can’t make a criminal injury claim.
  • Your claim must be started within the relevant time limits (which we will discuss later).
  • You must have been injured in a crime of violence. Some examples that the CICA’s Scheme define as a crime of violence include sexual assault, a threat of an attack or an attack.
  • The incident must have occurred in England, Wales, Scotland or another relevant place. For example, this could be a ship registered to one of these countries.

To check your eligibility to claim compensation for an assault, you can contact our advisors at any time.

How Long Do I Have To Make An Assault Claim?

If you are eligible to claim compensation for an assault, how long you would have to start your claim would depend on the avenue you were taking.

If you were making your claim directly against the perpetrator or against a vicariously liable party, you would need to start your claim within three years of the incident taking place, as set out by the Limitation Act 1980.

Alternatively, those making assault claims through the CICA would generally have 2 years to begin legal proceedings, This runs from the date that you reported the incident to the police. You are typically expected to do this right away, however, exceptions may be made if you can prove exceptional circumstances prevented you from making this report.

There are certain exceptions that apply to both time limits. To learn what these are, or to see whether you may have an eligible claim, you can contact a member of our advisory team.

Can I Still Claim Compensation For Assault If I Don’t Know My Attacker?

Unfortunately, not all perpetrators of assaults are caught and convicted. There may be instances where people are attacked from behind, or so quickly they did not see who attacked them.

If you didn’t see or you could not identify the person who attacked you, you could still claim compensation for assault. Claims can still be made via the CICA even if the perpetrator has not been caught or prosecuted.

However, you must have reported the assault to the police, and worked with the police where necessary to help bring the perpetrator to justice. This may mean providing a statement and trying to give as much information as possible about what happened to you.

If you are eligible to make an assault claim through the CICA. one of our solicitors could help you. Contact our advisors today to discuss your case.

What Injuries Can I Claim Compensation For?

When suing for assault in the UK, the amount of compensation you may receive can be dependent on the severity of the injuries you sustained but also depend on the level of intent in the attack. In UK law, incidents of assault are split into four different categories:

  • Common Assault – the police will often level this charge in incidents where the victim has been hit or slapped but there is no visible mark or injury
  • Actual Bodily Harm (ABH) – more serious assaults which leave visible injuries, such as bruising and scratches, are usually dealt with under this bracket
  • Grievous Bodily Harm (GBH) – this is the most severe category of violent assault. It describes attacks where there was intent to cause serious harm. There have been serious injuries sustained such as a stabbing
  • Sexual assault– any kind of sexual behaviour or contact which occurs without consent is described as sexual assault. Examples include rape, child abuse, drug-facilitated sexual assault and stalking

How much compensation can I get for an assault claim? All assault cases are unique but in general terms, assault compensation pay-outs usually increase with the level of severity of the assault category with more severe assaults resulting in higher amounts of compensation being awarded.

Evidence Needed To Claim Compensation For Assault

Evidence is needed to successfully claim compensation for an assault. The requirements for evidence will depend on whether you submit a claim to the CICA or you’re claiming against a vicariously liable organisation (for example, an employer).

If you are claiming through the CICA, then you’ll need to provide them with:

  • A police reference number or crime reference number to show that you have reported the incident to the police
  • A medical report of the injuries you’re claiming for
  • Proof that you meet the residency requirement for a CICA claim

If you’re aiming to claim compensation for being attacked from your employer or another organisation under vicarious liability, then the evidence requirements may differ. Potential evidence you could provide may include:

  • Footage or pictures of your assault
  • Medical reports of your injuries
  • The contact details of any witnesses to the assault
  • Any relevant correspondence between you and the liable party

If you choose to get support from a criminal injury claim solicitor, then they can aid with collecting evidence that can support your case. For more advice on how solicitors can help a victim of a crime of violence gather evidence, you can contact our advisors today.

What Can I Include In My Assault Claim?

When suing for assault in the UK, the amount of compensation you seek will depend on your unique circumstances. Plus, any other damages you may have sustained or costs you have incurred resulting from your injuries. Common expenses included in criminal injury compensation claims are often;

  • Medical expenses – to cover the cost of any treatment or ongoing outpatient treatment such as physiotherapy or counselling
  • Care costs – if your injury has left you needing daily care then this can be included in your assault personal injury claim
  • Loss of earnings  – if you have had to have time off work or lost your job or the potential to earn more money, this can be included in your claim
  • Travel expenses – incurred as a direct result of your injuries, such as for medical appointments or court appearances
  • General damages – compensation awarded for the injury, pain and suffering as well as any psychological anguish and trauma sustained

Assault Compensation Payouts

Those who are successful in making assault compensation claims via the CICA will receive compensation for the criminal injuries they suffered.

 Additionally, their injuries will be valued in accordance with the tariff of injuries found within the Criminal Injuries Compensation Scheme 2012. These are fixed amounts, so if your claim is successful, you will receive the exact amount listed for your injury. We have listed some examples of these tariff amounts within the table below.

Additionally, you could claim compensation for up to 3 injuries under the CICA. Under the multiple injuries formula, the highest-valued injury will be granted 100% of the compensation amount listed. The second would receive 30%, and the third 15%.

Please note that the first entry has not been taken from the CICA tariff.

 

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Type of injury Notes Compensation amount
Multiple serious injuries plus special damages Compensation for multiple serious injuries and special damages such as a loss of earnings. Up to £500,000
Burns Covering over 25% of total skin, with significant scarring £33,000
Loss of sight One eye £22,000
Permanent mental injury Moderately Disabling – Permanent mental injury, confirmed by diagnosis or prognosis of psychiatrist or clinical psychologist £19,000
Disabling mental injury Lasting 5 years or more but not permanent £13,500
Fractures humerus Both arms – With continued disability £11,000
Fractured pelvis With continued significant disability £11,000
Abdomen injury Requiring surgery to repair 3 or more organs £6,200
Skull fracture Simple – Needing surgery £3,500
Fractured clavicle One clavicle – With continued disability £2,400

 

Examples Of Special Expenses In Assault Claims

Following a successful criminal injury claim through the CICA, you could be awarded compensation for certain special expenses. These special expenses could include:

  • Any physical aids you relied on that were damaged in the attack, such as your glasses.
  • Specialist equipment that is required to cope with your injuries, such as kitchen equipment.
  • Housing adaptations, such as fitting a ramp.
  • Care costs in connection with bodily functions and meal preparations.

These expenses must be necessary, reasonable, and directly result from your injury. They must also not be available for free from a different source.

Additionally, when claiming compensation for your criminal injury, you may  be able to claim for a loss of earnings. However, there are specific criteria that need to be met.

If you would like more information about claiming compensation for assault through the CICA, or about the criteria you must meet to claim for a loss of earnings, contact our advisors.

Can I Claim For An Assault With A No Win No Fee Solicitor?

If you are making a claim for compensation for assault, one of our solicitors may be able to help you. They could help ensure your assault claim is submitted in full, as well as explain any legal jargon that may be used during the process of your claim.

One of our No Win No Fee solicitors may offer to support your claim under a Conditional Fee Agreement (CFA). Under this type of agreement, you won’t be required to pay your solicitor anything upfront or while your case is processing for their services. You also won’t need to pay your solicitor for the work they have provided should your claim be unsuccessful.

If your claim is a success, then the solicitor who worked on your case can subtract a legally limited percentage from the compensation awarded to you. This is commonly referred to as a success fee.

For more advice on making a claim as a victim of a crime, and the compensation that could be awarded to you, you can contact our advisors today. To reach them, you can:

Useful links and support for victims making assault compensation claims

Below, you can find more helpful information on making an assault claim:

If you need any more help or advice on claiming compensation for assault, please get in touch.