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An assault can cause lasting physical and psychological injuries, affecting your health, ability to work and everyday life. If you were injured in an assault, you may be able to seek assault compensation either through a civil claim against a legally responsible party or through the government-funded Criminal Injuries Compensation Authority (CICA).
The right route will depend on the circumstances of the assault. A civil claim may be appropriate where an identifiable person or organisation can be held legally responsible for your injuries, while the CICA can compensate eligible victims of violent crime in Great Britain under the Criminal Injuries Compensation Scheme 2012.
Compensation is assessed differently under each route. A civil claim can reflect the pain, suffering and loss of amenity (loss of enjoyment for your usual hobbies etc.) caused by your injuries as well as recoverable financial losses. A CICA award is based on the Scheme’s fixed tariff for qualifying injuries, with additional payments for loss of earnings or certain special expenses available where the relevant requirements are satisfied.
Legal Helpline’s panel of criminal injury claims solicitors can assess how the assault happened and explain which route may be appropriate for you. They can guide you through a CICA application or, where there are grounds for a civil claim, help establish liability and assess the full impact of your injuries and losses. If a CICA decision is disputed, they can also advise on the review or appeal process. Contact our advisors today for a completely free, no-obligation assessment of your options.
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- Can I Claim Compensation After An Assault?
- What Are My Options For Making An Assault Claim?
- Can I Apply For Compensation Through The CICA?
- Could I Make A Civil Claim After Being Assaulted?
- How Much Assault Compensation Could The CICA Award?
- How Much Compensation Could I Receive Through A Civil Claim?
- What Evidence Could Support An Assault Compensation Claim?
- How Long Do I Have To Seek Compensation After An Assault?
- Find Out How Legal Helpline Can Support Your Assault Claim
- Can An Assault Claim Be Made On A No Win No Fee Basis?
- More Information
Can I Claim Compensation After An Assault?
Yes, you may be able to claim compensation after an assault if it caused you physical or psychological injuries. Two main routes may be considered following an assault:
- A claim through the Criminal Injuries Compensation Authority (CICA): The government-funded Criminal Injuries Compensation Scheme can compensate eligible victims of violent crime in Great Britain. You must have reported the assault to the police, and further rules apply regarding the incident’s location, time limits, and cooperation with the authorities. The CICA does not require a conviction to consider a claim.
- A civil claim: In certain circumstances, you may instead be able to pursue an assault claim against the perpetrator or another party legally responsible for the harm you suffered. Whether this route is appropriate will depend on factors such as how the assault happened, who may be liable, and whether the responsible party can be identified and held legally liable.
You do not need to have suffered grievous bodily harm or another severe physical injury to explore an assault compensation claim. The CICA can award compensation for qualifying physical injuries and disabling mental injuries, although psychological injuries must meet the specific requirements of the Scheme and be supported by appropriate medical evidence.
Contact our advisors today to discuss your circumstances and see whether you may be eligible to make an assault compensation claim.
What Are My Options For Making An Assault Claim?
There are two main options for making an assault claim: you could apply for compensation through the CICA under the Criminal Injuries Compensation Scheme, or pursue a civil claim against a legally responsible defendant. These routes are separate and apply different eligibility rules, time limits, and methods for valuing compensation.
Eligibility rules, time limits, evidence requirements, and how assault compensation is calculated differ between CICA and civil claims. This means the most appropriate route depends on the circumstances of the assault and the legal basis on which you seek compensation.
Not sure which route applies to you? Speak with Legal Helpline today for a free assessment of your circumstances and clear guidance on whether a CICA claim or civil assault claim may be appropriate.
Can I Apply For Compensation Through The CICA?
Yes, you may be able to apply for compensation through the CICA if you suffered a qualifying injury as a result of a crime of violence covered by the Criminal Injuries Compensation Scheme. Eligibility depends on the circumstances of the assault as well as how you respond after the incident.
For a CICA claim, the authority will generally consider whether:
- You were the victim of a qualifying crime of violence. This can include assaults that cause physical injuries or qualifying mental injuries.
- The incident occurred in a location covered by the Scheme. This usually means the violent crime happened in England, Scotland, or Wales, although certain other relevant places are also covered.
- The assault was reported to the police. A crime must be reported before the CICA can award compensation, and it should normally be reported as soon as reasonably practicable.
- You cooperated with the police and the CICA. You are expected to cooperate as far as reasonably practicable with efforts to bring the assailant to justice and provide reasonable assistance with your CICA application.
The CICA considers each application individually. Factors such as delays in reporting the incident may therefore be considered in light of your age, capacity, well-being and the circumstances surrounding the assault.
The CICA is intended to be a compensation scheme of last resort. It may consider whether you have sought compensation from another available source and why you have not done so. However, you should not delay a CICA application while considering or pursuing another claim, as the Scheme has its own time limits. Compensation received from another source for the same injury can also affect the amount CICA pays.
Can I Claim If Nobody Was Convicted Of The Assault?
Yes, you can still claim through the CICA even if nobody was convicted of the assault, and the offender does not necessarily need to have been identified or prosecuted. A CICA decision is separate from the outcome of any criminal proceedings.
This is because different standards of proof apply. A criminal court must be satisfied of guilt beyond reasonable doubt, whereas the CICA decides applications on the balance of probabilities. This means it considers whether, based on the available evidence, it is more likely than not that the Scheme requirements have been met.
You therefore do not need to wait for a police investigation or court case to finish before making a claim. A lack of conviction does not automatically prevent compensation being awarded, provided the CICA has sufficient evidence to determine that you qualify under the Scheme.
Could The CICA Reduce Or Refuse My Award?
Yes, the CICA could reduce or refuse your award in certain circumstances. These include:
- Your conduct contributed to or provoked the violence.
- You did not cooperate with the police or CICA without good reason.
- You failed to provide requested information or attend a required medical examination.
- False or exaggerated information was provided.
- An unspent criminal conviction affects your entitlement.
The effect will depend on the circumstances and the relevant Scheme rules. If you are concerned that one of these issues could affect your assault compensation claim, our advisors can explain how the CICA may approach your application.
Could I Make A Civil Claim After Being Assaulted?
Yes, you could make a civil claim after being assaulted if an identifiable person or organisation can be held legally responsible for your injuries. Unlike a CICA claim, you must establish liability against a defendant and consider whether you can realistically recover any compensation awarded.
Civil assault claims cover:
- Claims against the perpetrator: You may be able to bring a civil claim directly against the person who assaulted you where they can be identified and held legally responsible for the physical or psychological injuries they caused.
- Claims against another legally responsible party: In some circumstances, an organisation may be liable for an assault even though it did not carry out the assault itself. For example, an employer could potentially be vicariously liable for an employee’s assault where the required legal relationship and a sufficiently close connection between the employee’s role and the assault are established. A separate claim could also arise where an organisation’s own acts or failures independently contributed to the harm.
If you are unsure which route you should take when making your assault compensation claim, you can contact our advisory team today.
How Much Assault Compensation Could The CICA Award?
How much assault compensation the CICA could award will depend on the type and severity of the injuries you suffered and the tariff category they fall within. Injury payments are assessed using the fixed tariff set out in the Criminal Injuries Compensation Scheme 2012. This means the exact amount listed for your injury is what will be awarded if your claim is successful.
The table below provides examples of CICA payouts that may apply following an assault. Please note that the top entry is the maximum amount CICA will provide in any successful claim.
| Injury | Notes | Compensation |
|---|---|---|
| More than one very serious criminal injury and financial losses | Multiple severe criminal injuries and financial losses such as professional care costs and loss of income | Up to £500,000 |
| Brain - Very severe | The claimant will have no remaining useful physical movement and will suffer a significant impact on t their senses | £250,000 |
| Paralysis - Paraplegia | Total loss of sensory and motor functions and a substantially complete paralysis | £175,000 |
| Loss of Sight | The claimant will have suffered loss of sight in both eyes after the incident | £110,000 |
| Loss of Arm | Dominant arm will have been lost in the incident | £55,000 |
| Burns | The claimant will have experienced burns covering 25% of the body and left with significant scarring | £33,000 |
| Fractured wrist | Fracture to both wrists causing significant disability | £11,000 |
| Physical Abuse of Adults (including domestic abuse) | Pattern of repetitive violence over 3+ years | £8,200 |
| Physical Abuse of Adults (including domestic abuse) | Severe and a pattern of repetitive violence causing minor disfigurement | £5,500 |
How Does The CICA Injury Tariff Work?
The CICA injury tariff works by assigning a fixed compensation amount to each qualifying physical or psychological injury listed in the Criminal Injuries Compensation Scheme. The amount you could receive is therefore determined by which tariff injury your condition falls under and its applicable level of severity.
Where an assault causes more than one tariff injury, the CICA applies its multiple injuries formula. This awards:
- 100% of the tariff value for the highest-valued injury.
- 30% for the second highest-valued injury.
- 15% for the third highest-valued injury.
A maximum of 3 injuries can be compensated under this formula. However, additional compensation may be awarded in circumstances where the crime of violence resulted in a pregnancy, contracting an STI, or losing a foetus.
What Other Payments Could The CICA Make?
The CICA could make additional payments for loss of earnings and certain special expenses alongside compensation for your qualifying injuries, provided you meet the Scheme’s specific eligibility requirements for these payments.
Loss of earnings payments are subject to specific CICA rules and are not simply a reimbursement of all wages lost after an assault. Special expenses can cover certain necessary costs linked to the effects of the injury, such as care, equipment or other qualifying support.
Contact our advisors at Legal Helpline today for more information about how much assault compensation you could receive from the CICA.
How Much Compensation Could I Receive Through A Civil Claim?
How much compensation you could receive through a successful civil assault claim will depend on the injuries suffered and the financial impact they have had on your life. Unlike CICA compensation, a civil personal injury claim is not valued using a fixed tariff.
General damages compensate for the pain and suffering from the physical and psychological injuries sustained in the assault. When valuing this part of the claim, factors such as the severity of your injuries, recovery period, and any lasting effect on your daily life can be considered.
Solicitors may refer to the Judicial College Guidelines (JCG) when valuing this head of your claim, as it provides guideline compensation brackets for different injuries and levels of severity. These figures are not fixed awards and are used as guidance when valuing a claim.
The table below provides examples of JCG brackets that may help illustrate how injuries could be valued in a civil assault compensation claim. Please note that the top entry has not been taken from the JCG and that this table is illustrative only.
| Injury | Notes | Compensation |
|---|---|---|
| More than one very severe injury and special damages | Multiple very severe injuries and special damages such as lost income, professional care costs or private medical expenses | Up to £1,000,000+ |
| Back injuries - severe (i) | The most serious back injuries including damage to the nerve roots and spinal cord | £120,340 to £212,670 |
| Back injuries - severe (ii) | Nerve root damage with associated loss of sensation, impaired bladder and bowel function or loss of sensation | £97,980 to £116,820 |
| Neck - severe (i) | Neck injuries associated with incomplete paralysis or causing permanent spastic quadriaparesis | In the region of £195,970 |
| Psychiatric damage - severe (a) | The factors impacting the award will include prognosis, future vulnerability and whether medical help has been sought | £72,440 to £152,900 |
| Psychiatric damage - moderately severe (b) | There will be significant problems but a much more positive prognosis than above | £25,190 to £72,440 |
| PTSD - severe (a) | Permanent impacts which prevent the injured person from working at all, or from functioning near the pre-trauma level | £79,080 to £133,000 |
| PTSD - moderately severe (b) | Better prognosis than above and some recovery with professional support | £30,580 to £79,080 |
| Hand injuries - serious | The hand will have been reduced to about 50% capacity | £38,310 to £81,790 |
| Leg - severe (iv) moderate | Complex or a number of fractures or severe crushing injuries, generally to a signle limb | £36,680 to £51,790 |
What Financial Losses Could Be Recovered In A Civil Claim?
Financial losses that could be recovered in a successful civil claim include lost earnings, treatment and rehabilitation costs, and the cost of necessary equipment or adaptations. These losses are claimed as special damages and must have resulted from the injuries caused by the assault. Examples include:
- Loss of earnings: Income lost if physical or psychological injuries from the assault leave you unable to work or reduce your future earning capacity.
- Treatment and rehabilitation costs: Costs of treatment needed after the assault, including physiotherapy or psychological therapy.
- Travel expenses: Reasonable travel costs for attending medical appointments, therapy or rehabilitation relating to your assault injuries.
- Care and assistance: The cost of necessary support if your assault injuries mean you need help with everyday activities during your recovery.
- Equipment or adaptations: Costs of necessary equipment or changes to your home if serious assault injuries affect your mobility or independence.
Any financial losses claimed will need to be supported by evidence such as payslips, invoices, or care records.
Get in touch with our advisory team today for more information about what financial losses you could recover in a civil claim for assault compensation.
What Evidence Could Support An Assault Compensation Claim?
Evidence that could support an assault compensation claim includes police and medical records for a CICA application, while a civil claim may require additional evidence showing how the assault happened, who was legally responsible and what losses you suffered. The evidence your solicitor considers will therefore depend on which compensation route you pursue.
Do I Need Medical Evidence After An Assault?
Yes, you will need medical evidence after an assault to establish the physical or psychological injuries you suffered. This evidence can help show the nature and severity of your injuries, the treatment you required and whether you are expected to experience any lasting effects.
Relevant medical evidence may include A&E notes, GP records and hospital reports. Records of any subsequent treatment or psychological support can also help show how your injuries have affected you and how your recovery has progressed.
Where necessary, an independent medical expert may also assess your condition and provide a prognosis. This can help show whether symptoms are temporary, ongoing or permanent and provide a clearer basis for valuing the injuries within a CICA or civil claim.
You do not need to worry about what evidence you will need for your particular claim. A solicitor from our panel can help you with gathering the right evidence for the route you take.
How Long Do I Have To Seek Compensation After An Assault?
The time limit for seeking compensation after an assault depends on whether you are applying through the CICA or bringing a civil claim. These routes follow different limitation rules, so it is important to identify the correct deadline for your circumstances.
CICA Application Deadlines
You have 2 years from the date the assault took place to start a CICA claim. The CICA can consider a late application where exceptional circumstances prevented an earlier claim and the available evidence allows the application to be determined without extensive further enquiries.
Different rules apply if you were under 18 when the assault occurred. If you reported the crime to the police before your 18th birthday, you will have 2 years from your 18th birthday to start a claim. If you did not make this report prior to your 18th birthday, you will have 2 years from the date the report was made to the police. You will also need to prove that you were unable to make this report sooner due to exceptional circumstances.
Time Limits For Civil Assault Claims
You will have 3 years from the date the incident took place to bring a civil assault claim.
Exceptions can also apply depending on factors such as the claimant’s age and mental capacity. Because limitation can be particularly complex after an assault, see our dedicated compensation claims time limit guide for a fuller explanation of the civil rules that may apply.
Contact our advisors today if you are unsure how long you have left to begin your assault compensation claim.
Find Out How Legal Helpline Can Support Your Assault Claim
Legal Helpline can support you after an assault by connecting you with a solicitor who can assess which compensation route may apply and handle the practical legal work on your behalf. Whether your case involves a CICA application or a civil claim, your solicitor can give the claim clear direction from the outset and explain what will happen at each stage.
That support can include:
- Determining which compensation route is appropriate: Your solicitor can consider whether a CICA application or civil assault claim is relevant, including how pursuing one route could affect compensation received through another.
- Dealing with CICA eligibility issues: If there are concerns about a delay in reporting the assault, your cooperation with the police or another Scheme requirement, your solicitor can consider the circumstances and present relevant information to the CICA.
- Identifying who could be pursued in a civil claim: A solicitor can investigate whether a claim should be brought directly against the perpetrator or whether another party could be vicariously liable for the assault.
- Challenging a CICA decision: If an application is refused or you disagree with the amount awarded, your solicitor can examine the reasons given and advise whether there are grounds to request a review or appeal to the First-tier Tribunal.
- Coordinating an assault claim with criminal proceedings: Where a police investigation or prosecution is ongoing, your solicitor can advise on progressing your compensation claim without unnecessarily waiting for the criminal case to conclude.
This support can reduce the practical burden of managing evidence, deadlines and legal correspondence while your claim progresses. Contact Legal Helpline for a free, confidential assessment and find out how a solicitor from our panel could support your assault compensation claim.
Can An Assault Claim Be Made On A No Win No Fee Basis?
Yes, you can make an assault claim on a No Win No Fee basis if a solicitor from Legal Helpline’s panel accepts your case. The solicitors on our panel work under a Conditional Fee Agreement (CFA), which allows you to pursue compensation without paying upfront or ongoing solicitor’s fees for the work covered by the agreement. If the claim is unsuccessful, you will not pay your solicitor’s fees for that work.
If your claim succeeds, your solicitor will deduct a success fee from your compensation. This is legally capped at 25%. The percentage that applies to your claim will be explained and agreed with you before the claim begins.
Speak To Legal Helpline
An assault can leave lasting physical, psychological, and financial consequences. Contact Legal Helpline today and tell our advisors what happened. They can assess whether a CICA claim or civil claim may be available and connect you with a solicitor from our panel who can explain your options and take the next steps with you.
- Call us on 0333 000 0729
- Contact us online
- Speak to an advisor using our live chat
More Information
Read our other guides about:
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- Whether you could claim for sexual abuse that was not reported to the police.
- How to claim for GBH compensation
- Answers to some FAQs regarding criminal injury compensation.
Helpful External Resources
- How to report a crime with the Police online portal
- Information from the NHS on a broken arm or wrist
- Guidance on requesting CCTV footage of yourself, from GOV.UK
Thank you for reading our assault compensation guide today.