By Mary Scott. Last Updated 23rd May 2022. 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?
- Assault Statistics In The UK
- What Types Of Assaults Can You Claim Compensation For?
- What Is The Criminal Injuries Compensation Authority And How Long Can It Take To Get Compensation?
- Can Witnesses To Assaults Claim Compensation?
- How To Make A Compensation Claim for An Assault
- When Making A Compensation Claim, What Can Be Included?
- Valuing Compensation Claims Through The Criminal Injuries Compensation Authority
- How Much Compensation Do You Get For Assault?
- No Win No Fee Compensation Claims For Assault
- Why Should You Choose Legal HelpLine To Help With Your Claim?
- Talk To Legal Helpline Today
- 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.
By looking at statistics produced by the Office For National Statistics, we can see some general trends for the number of assaults in the UK. For these figures, we are using data from the ONS and the Crime Survey for England and Wales.
- Violent crime peaked in 1995 with 3.8 million incidents, to 1.3 million in 2016.
- Violence against the person has risen by 27%, BUT, this is thought to be as a result of better recording of offences.
- 55% of violent incidents resulted in no injuries.
- Assault with minor injuries accounted for 21%
- Woundings accounted for 24%.
- At its peak in 1995, 4.8% of adults had experienced a violent crime. This had fallen to 1.8% in 2016.
You can find further information in this ONS overview of violent crime and sexual offences.
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.
The Criminal Injuries Compensation Authority is a government body set up to make assault compensation payouts in the event that the assailant is not found, charged, or is unable to make the payment. Estimating how long a personal injury claim will take can be difficult. Whilst there is a three-year personal injury claims time limit in which to make a claim, different cases will take different lengths of time to complete. You will need to have a medical assessment at the beginning of your claim to establish the severity of your injury, and how it might affect you in the future.
Most of the time when making a claim for assault, such as for compensation for an assault by a beating, or other assault, a claim can take around six months. Very complex claims might take longer to conclude successfully. Legal HelpLine will be with you every step of the way.
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.
Any injuries claimed for under the CICA must meet a qualifying minimum amount. Meaning they must be worth £1,000 or more. We should also note that the CICA also has a maximum amount of compensation at £50,000. Between these, there are set amounts for different forms of injury and levels of severity. This is similar to how claims amounts are valued through the Judicial College Guidelines in most other cases.
The amount of compensation that’s awarded to you by the CICA will depend on several factors, such as the severity of your injury or injuries.
Compensation is calculated using the Criminal Injuries Compensation Scheme 2012 which sets out a tariff of injuries.
Additionally, with CICA payouts, amounts for numerous injuries are not all awarded at a 100% rate. Generally, you can only be compensated for a maximum of 3 injuries. Only the injury with the highest value or the most serious injury is awarded at 100%. Then, the next two valuable injuries are awarded at rates of 30% and 15% respectively.
Below, you’ll find some examples that we’ve taken from the CICA tariff.
Injury Description Amount
Paralysis that's major Minimal paraplegia £27,000
Mental Injury Disabling, confirmed by a psychiatrist (lasting 2-5 years) £6,200
Damage to the brain Minor head injury with permanent brain damage that's minimal £6,200
Ear Permanent, total deafness in one ear £16,500
Eye Lens dislocation in both eyes £13,500
Jaw Fracture - substantial recovery without surgery £1,500
Neck Serious disability, permanent £11,000
Teeth Loss of two or more teeth other than the front teeth £1,500
Arm Where the non-dominant arm is lost £33,000
Shoulder Both shoulders dislocated with continuing and significant disability £6,200
Assault compensation payouts in 2022
Assault compensation payouts in 2022 are not fixed but are valued on a case-by-case basis. A lot of factors are used to determine the value of a claim. The severity of the injury and its impact are some of the determining factors. In addition, bracket compensation amounts that correspond to different injuries from the Judicial College Guidelines may be used by legal professionals to accurately value assault compensation payouts.
The JCG is used in cases where you are claiming compensation for assault directly against the perpetrator. The 16th edition of the Judicial College Guidelines was released in April 2022 and contains the latest compensation amounts as seen in table below. Please only use these as a guide.
|Brain and Head Injury||(a)|
|Little or no language function||£282,010 to £403,990|
|Psychiatric Damage Generally||(a)|
| problems with ability to cope with life, education and work;||£54,830 to £115,730|
|Post-Traumatic Stress Disorder||(b)|
|recovery with professional help||£23,150 to £59,860
|Chest Injuries||( b)Traumatic injury to chest||Permanent damage. Physical disability,||£65,740 to £100,670|
|Permanent spastic quadriparesis. Little or no movement in the nec||In the region of
|Neck Injuries|| |
|fractures or dislocations. Severe immediate symptom||£24,990 to
|damage to the spinal cord and nerve roots,||£91,090 to £160,980|
|Back Injuries|| |
|Crush fracture of the lumbar vertebrae||£27,760 to £38,780|
|significant neck and arm symptoms||£19,200 to £48,030|
|Extensive period of treatment.|
Significant residual disability
|£31,310 to £50,060|
If you are still wondering how much compensation you could get for assault, get in touch with our advisors today. We can help you understand your claim in more detail.
Sometimes known as a CFA, or conditional fee agreement, No Win No Fee agreements are a way for people to make a compensation claim without having the meet expensive legal fees at the beginning of a case. Their purpose is to ensure that people who need legal advice or to make a claim can do so without money being a barrier.
People who do not have the finances necessary to make a compensation claim after an assault could well need to do so after losing income and suffering both physical and financial losses. Being able to do so without needing to worry about the costs of this can help these people start a claim. The solicitor will assume any financial burdens associated with the claim. They will only be paid a fee if and when they win your claim. Not before.
If you would like further information regarding assault compensation claims, get in touch with our helpful team using the number provided.
We believe that as a victim of an assault, you have the legal right to be compensated for any harm caused to you. Our experienced team is dedicated to helping people such as yourself. We know that you will have been through a traumatic ordeal and our panel of personal injury solicitors have the experience needed to make a strong assault compensation claim.
Our aim will always be to put you, the client first. This means we will always try to help you without causing any further distress and that we will try to resolve your claim as soon as possible, and with as little stress to you, as we can.
Whilst we are conducting your assault claim you can keep in touch with us along the way via phone and email and we will always be on hand to answer any questions or queries which you may have. We will also strive to secure you the maximum possible amount of compensation.
Providing Support For Assault Victims
An assault can leave you frightened, angry, and at a loss. Different people will react in different ways to being the victim of an assault. Some people are able to resume their life straight after the assault, only to suffer a breakdown, weeks or even months later.
Some people will also suffer symptoms of post-traumatic stress disorder, such as disrupted sleep and eating patterns. Over the long term, most people will return to a normal life after a period of healing. Part of this can be getting any assault compensation that you are owed. It should be noted here that some victims will suffer psychological traumas over the long term, taking months or years to recover.
If you’d like more information about your options when it comes to assault compensation claims, get in touch today.
If you need to make an assault compensation claim, please contact Legal Helpline today. Our expert team are on hand to take your call, discuss your assault and injuries and provide further information as to how we can help you. Our aim is always to provide you with the best possible legal service and in cases involving the assault of other violent crimes, to do so in the least disruptive or stressful way possible.
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
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.