By Danielle Graves. Last Updated 7th July 2023. Welcome to our guide on assault compensation claims.
In most cases where someone needs to make a personal injury claim, their injuries will have been caused by an accident, however, in some cases, people need to claim for an injury that was deliberately perpetrated, such as with assault compensation claims.
Compensation for assault could be claimed for incidences such as assaults by a stranger, a friend or family member, a spouse or partner, assaults in a prison, or even sexual assaults. You could also claim compensation for aggravated assaults and attacks with a deadly weapon. In the UK, assault is defined as physical attacks, threats, or harm to someone else.
When making a compensation claim for assault, the amount of compensation you might be awarded can vary substantially depending upon how serious your injuries are. Each assault claim will be unique. Some will involve serious and life-changing consequences. Others may not cause physical harm but leave deep psychological scars. However, remember that even psychological injuries can be severely debilitating and the effects can last much longer than many physical injuries.
It should be noted that many victims of assaults do not make compensation claims. This is because the assault they have been victim to can be extremely traumatic. After being attacked, mugged, or sexually assaulted many people will wish to forget what happened to them. The last thing anyone wants to do is to have to relive it by setting out what happened to them.
At Legal Helpline, we understand that it can be difficult to talk about what has happened to you. Our experts are here to provide you with the support and guidance needed throughout the claims process.
Please read the guide below to find out more about making assault compensation claims, getting victim support, and how much compensation you may get for assault. When you are ready to make your claim, please call us on 0161 696 9685.
Jump to a Section
- A Guide To Claiming Compensation For Assault
- What Is An Assault?
- Compensation For Assault – Do I Need Evidence To Claim?
- What Types Of Assaults Can You Claim Compensation For?
- Compensation For Assault – Claim Time Limits
- Can Witnesses To Assaults Claim Compensation?
- How To Make A Compensation Claim for An Assault
- When Making A Compensation Claim, What Can Be Included?
- CICA Calculator – How CICA Claims Are Valued
- Claim Compensation For Assault With A No Win No Fee Lawyer
- Helpful Links And Resources
At Legal Helpline, we understand that victims can often be traumatised by an assault and that having to discuss the event as well as answering questions about it can be very stressful for many people to do. Our team has a wealth of experience in helping the victims of assaults or violent crimes to make a compensation claim. We have our processes as streamlined as possible, helping to minimise stress. Once we have the details from you, we will handle your claim for you.
In many cases, the name of the assailant may not be known and may not have been charged by the police for the offence. Even when people are known and have been charged with the offence, they may lack the financial resources to pay compensation. In such cases, you can still claim compensation for the assault you suffered. Assault injury claims can be made to the CICA or Criminal Injuries Compensation Authority. This body is funded by the government. Its role is to compensate victims in cases such as those above.
Please note that as each and every case of assault or experience of a violent crime is different it is difficult to estimate how long your claim could take, or how much your damages may be. However, in the guide below we provide guidance on how long claims can take, and how much compensation you could receive for assault compensation claims
Assault is a legal term and covers several types of offences against the person. The most common of these are ‘common assault’ defined under section 39 of the Criminal Justice Act, 1988. It is defined as happening when one person assaults or commits a battery on another.
The CPS defines it (partially) as follows:
“An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. A battery is committed when a person intentionally or recklessly applies unlawful force to another. Where there is a battery, the defendant should be charged with ‘assault by beating’. (DPP v Little (1992) 1 All ER 299)”.
Different Degrees of Assault
There are different types and degrees of assaults. The classification may depend on:
- Who was involved in the assault,
- Where it happened,
- Any motivations (such as racial motivations),
- What events took place.
The different classifications of assault include:
- Common assault: this covers assaults that do not result in any visible marks or injury.
- Actual bodily harm: these are more serious injuries and more serious forms of criminal assault. They result in visible injuries such as bruising or scratches.
- Grievous bodily Harm: this is the most serious type of assault and might result in people making stab wound compensation claims.
- Sexual assaults: sexual contact which is initiated without consent can be considered an assault. It might include groping, rape, or other forms of sexual assaults.
To find out more about the different types of assault in the UK, please follow the CPS link in the introduction. Additionally, if you wish to discuss assault compensation claims further, give us a call today.
As well as wondering how much compensation you can claim due to being injured in an instance of assault, you may also want to know about evidence requirements.
When claiming compensation for assault, you do need present evidence. However, the evidence you provide might vary depending on how you make the claim.
Evidence that you will be expected to provide to the CICA includes:
- A police reference number, to show that you reported the incident to the police
- Medical evidence
- Evidence that you meet the requirements for residency for claiming through the CICA
The evidence you are asked to provide in support of a claim against the perpetrator or a vicariously liable party might vary. To find out more, get in touch with our advisors today.
Unless otherwise specified, you can often make a personal injury claim for any form of assault that resulted in a physical or psychological injury. Examples of assault compensation claims we can conduct include:
- Assaults in public places.
- Being assaulted whilst in a prison,
- Workplace assaults.
- Being assaulted in the home (by a domestic partner, etc).
- Perpetrated assault by a negligent carer.
- Sexual assaults
- Bouncers being assaulted.
- Criminal assault injury instances.
- Assault injury claims where the victim was fatally injured.
- Assaults with offensive weapons.
If you have suffered any type of assault our team may be able to help you. Please contact us today and continue reading to find out how much compensation you will get for assault compensation claims.
To claim compensation for being attacked through the CICA, the general rule is that you have 2 years to make a claim from the date you were injured. However, it can still be possible to claim assault compensation after the 2 years have passed.
Assault Claims Compensation – Personal Injury Claims
If you are claiming assault claims compensation directly from the perpetrator instead of claiming through the CICA, the time limit will differ. The typical personal injury claimant has three years to start a compensation for assault claim under the Limitation Act 1980. However, some circumstances will suspend the time limit. These include:
- If the claimant is under the age of 18 at the time of the assault. A litigation friend could pursue criminal compensation payouts on behalf of an underage claimant. However, if a claim is not started by a litigation friend during the suspended time, the claimant has 3 years from their 18th
- If the claimant lacks the mental capacity to start a claim at the time of the assault. A litigation friend could seek compensation for assault on their behalf. However, if a claim is not started and the claimant regains mental capacity, they will be given three years from the recovery date to pursue a claim.
If you are wondering how much compensation you will get for assault, our advisors could calculate an estimation for you if you call them today.
Whilst we tend to think of the victim themselves making a criminal injury compensation claim, in many cases those who witness serious and violent assaults could also experience trauma. Witnesses can find that they experience psychological symptoms such as depression, anxiety, fear of going out to public places, difficulty sleeping, and disrupted eating habits.
Whilst we have seen in recent statistics that violent crime and assaults are supposedly much lower than in previous years, the way in which they are recorded and reported in the media can make it seem they are more common. As most of us are not used to witnessing such events, exposure to violence can be more shocking. Even as a witness, if the events have had a measurable effect on you and caused your physical or mental health to be affected, you could make assault compensation claims.
The choice to take legal action is often not an easy one to make and we understand that the thought of discussing what has happened to you could be worrying. As such, we try to make this process as simple and stress-free as we can. To make a claim for an assault, such as an assault at work, there are several things which you will need to do, as well as pieces of information we will need.
What Will We Need To Know?
We will need to ask questions to ascertain the information listed below. Having information to hand before your consultation can help to make this process quicker and easier.
- Information about where and when the assault happened (was it an assault at work, or in a public place), as well as how it happened.
- Any information known about the person who committed the assault. Were they a colleague at work, a stranger on the street, or someone such as security staff at a venue?
- Was the assault reported? To make a claim, you will need to have reported your assault and have a crime number for it. Without this, it is likely we will not be able to conduct your assault personal injury claim.
- Details of your injury or injuries. Have these been assessed by a doctor?
- If you have already seen a doctor, what treatment was needed?
- What will be the long-term effects (if any) on your health and wellbeing?
- Has your income been affected?
Whilst this might seem a lot of information to go through, it is necessary to be able to advise you on whether or not we can help you. It also helps us to decide what steps to take next. At this point, we may be able to offer to help you under a no win, no fee agreement. This means we would be able to start conducting your claim without you having to make any payments. We understand that assault compensation claims might not be easy, but we do always aim to reduce your stress and discomfort as much as we can.
How much compensation for assault at work or in another circumstance you could claim compensation for is driven by factors such as how serious your injures are and how they will affect you. However, as well as being compensated for physical or psychological trauma, there are other things that can be included in compensation claims. Other elements of assault compensation claims can include:
- Medical and care costs: if you have had to meet medical expenses for initial or outpatient treatment, or if you will require any form of care to help you on a day-to-day or weekly level, you can claim for such costs.
- Travel costs: you may have had to attend several different medical facilities resulting in various travel expenses. You can reclaim these costs.
- Any income which you have lost: this can include income and benefits lost due to your injuries.
To discuss your options when it comes to assault compensation claims, get in touch with our expert team today.
When making a claim through the CICA for assault, you can make a claim for the physical and mental injuries you have suffered. A CICA calculator could help you, as the figures awarded by the CICA are set amounts.
Alternatively, we have made the following table to help you understand how much compensation you may be eligible for. When making a claim for criminal injury compensation, the Tariff of Injuries set out in the Criminal Injuries Compensation Scheme 2021 assigns compensation values to various injuries. We have used the figures listed in the Tariff of Injuries when creating the following table.
It is important to note that when claiming through the CICA, claims can be made for up to 3 injuries. Following a successful claim, you would receive 100% compensation for the highest valued injury, 30% for the second highest and 15% for the third.
|Where the non-dominant arm is lost
|Paralysis that's major
|Permanent, total deafness in one ear
|Lens dislocation in both eyes
|Serious disability, permanent
|Disabling, confirmed by a psychiatrist (lasting 2-5 years)
|Damage to the brain
|Minor head injury with permanent brain damage that's minimal
|Both shoulders dislocated with continuing and significant disability
|Fracture - substantial recovery without surgery
|Loss of two or more teeth other than the front teeth
Additionally, you could claim for special expenses. This compensates you for certain financial losses relating to your injuries. Some examples of what special expenses could compensate you for include:
- Any physical aids that you relied on that were damaged in the incident, such as a hearing aid.
- Cost of care that relates to food preparation or your bodily functions.
- Any equipment that you need to cope with your injuries, such as a mobility car.
You could also make a claim for loss of earnings. However, you will need to prove that you were unable to work for 28 full weeks after the incident. If your claim is successful, you will be compensated from the 29th week onwards.
For more information about making a claim through the CICA for assault, contact our advisors today.
Personal Injury Claim Payouts For An Assault
Criminal assault compensation claims involving vicarious liability are valued differently compared to CICA claims. Instead of using the CICA Tariff of Injuries, legal professionals use the Judicial College Guidelines (JCG) to value assault claims compensation.
The JCG features guideline compensation amounts relating to both physical and psychological injuries. The figures, some of which we have included below, should only be used as a guide.
|Brain and Head Injury
|(a) Very Severe
|Severe brain damage that causes little or no language function, with the need for constant care.
|£282,010 to £403,990
|(a) Severe (i)
|Damage to the spinal cord and nerve roots, that may result in incomplete paralysis and cause severe pain.
|£91,090 to £160,980
| (b) Moderate (i)
|Crush fracture of the lumbar vertebrae that causes constant discomfort and pain.
|£27,760 to £38,780
|(a) Severe (i)
|Permanent spastic quadriparesis or incomplete paraplegia.
|In the region of
|(b) Moderate (i)
|Fractures or dislocations that result in severe and immediate symptoms.
|Psychiatric Damage Generally
|Problems with ability to cope with life, and work including a very poor prognosis.
|£54,830 to £115,730
|A traumatic injury to the lungs or chest that causes permanent damage with a physical disability.
|£65,740 to £100,670
|Post-Traumatic Stress Disorder
|(b) Moderately Severe
|Potential for some recovery with professional help with a good prognosis.
|£23,150 to £59,860
|The injury will need an extensive period of treatment and there will be a residual disability that is significant.
|£31,310 to £50,060
|The brachial plexus is damaged which causes neck and shoulder pain with aching in the elbow.
|£19,200 to £48,030
Special damages may be awarded in assault compensation claims that involve vicarious liability. Any losses or out-of-pocket expenses caused by your injuries are included under this head of claim.
Examples of the losses you could claim back under this head include:
- Your injuries may result in you taking time off work as you recover resulting in you suffering a loss of earnings. A pay slip can provide evidence of this loss.
- You might have to pay for a prescription as you require medication to alleviate symptoms of your injuries. Keep hold of a receipt of your prescription as proof of this expense.
- If you require specialist equipment after being assaulted, for example if you suffered an injury to your eye and need glasses to see, you could claim back the cost of these. Any invoices or receipts could be used as evidence.
Get in touch if you would like to be connected with an experienced lawyer from our panel, please don’t hesitate to get in touch. If you are connected, they could use their expertise to value your criminal injuries claim and could also help you through a No Win No Fee agreement.
If you are eligible to seek compensation for assault, you may benefit from having a lawyer work on your case. One of the lawyers from our panel could help you. They have lots of experience with assault claims.
When your lawyer provides their services under this type of agreement, they won’t charge you any upfront or ongoing fees for their work on your claim. Additionally, you won’t be asked to pay for their services if your claim isn’t successful.
If your claim has a positive outcome, your lawyer will take a success fee out of your compensation award. The percentage that can be deducted as this fee is limited by the law.
If you have any questions about how to claim for assault, please get in touch with an advisor from our team. They can also evaluate whether you have valid grounds for a claim, and if you do, you could be connected to one of the lawyers from our panel.
To contact an advisor:
For more information on the Criminal Injuries Compensation Authority on claiming compensation for assault and violent crimes, please see below:
- Sexual abuse claims
- Claim compensation for sexual abuse by family members
- How to claim compensation for sexual abuse by a stranger
- How to claim compensation if raped by a foster parent
- How to claim compensation for sexual abuse by a teacher
- Claim compensation if you were raped by your stepfather
- How to report historic sexual abuse
- Criminal injury claims for assault
- Victim of murder compensation claims
- Suing a paedophile for compensation
- Can I claim compensation for historic sexual abuse?
- Victim of knife crime compensation claims
- Paedophile sexual abuse compensation claims
- How to make a claim through the CICA
- Claiming for sexual abuse not reported to the police
- Can I make a rape victim claim without a conviction?
- Sexual abuse by a family member compensation
- Victims of child abuse by another child compensation
- Criminal injuries compensation FAQs
- Criminal injuries compensation claims
- Bullying At Work Claims
- Church Of England Sexual Abuse Victims – When Could You Claim?
Assault Compensation Claims FAQ’s
How much compensation will I get from CICA?
The CICA has set a cap on the amount of compensation that can be awarded. This cap is £500,000. As to how much compensation you will get, this will depend on the number of injuries sustained and their severity. Our team can provide further information over the phone, or you can also read the CICA’s Tariff of Injures here.
How long does a CICA claim take?
The CICA seeks to process claims as quickly as possible so as to ensure victims receive the compensation they both need and deserve. However, complexities often arise which can lead to delay. As a result, the CICA aims to resolve claims within around 12 months.
Yes, if a criminal has damaged your property it may be possible to recover those costs under special expenses as part of a CICA claim. The CICA guidance on this point states:
“…if the applicant’s property or equipment, which was relied on by the applicant as a physical aid and which was lost or damaged as a result of the incident giving rise to the injury [can be claimed for under special expenses]”
Should I accept the first Offer from CICA?
A CICA offer can be appealed, so you don’t have to accept the first offer you receive. Although CICA payouts are based on fixed tariffs, you may feel they have not taken all aspects of your injury or financial losses into consideration. For instance, it may be that the impact of your psychological injuries isn’t fully acknowledged. However, you will need to provide evidence that supports your appeal and you may not necessarily be awarded more compensation when you appeal.
However, it is important to note that the CICA expects you to attempt to seek compensation for assault elsewhere before you claim through the CICA. An assault claim made through the CICA is to be considered a last resort. The CICA may request documents to show that you have attempted to claim from the relevant parties first.
For more information on seeking compensation for assault or launching a potential assault claim, please get in touch with our team on the number above.
Who pays compensation for an assault?
You may be able to claim compensation for assault from the offender if they have the means to pay and have been identified. In these or similar situations you can still claim compensation for being attacked from the CICA.
Thank you for reading our guide on assault compensation claims.