Top Tips For Claiming Compensation For Assault And Battery

In this guide, we will explain the eligibility criteria that must be met to claim compensation for assault and battery. There are three different ways of making a criminal injury claim that we will look at in this guide.

Firstly, you could make a claim directly against the perpetrator. However, this requires you to know who the person is, and they must have available funds to pay the awarded compensation.

Compensation for assault and battery

Compensation for assault and battery claims guide

Secondly, you could claim for injuries sustained in a crime of violence against a vicariously liable party. For example, if you sustained a criminal injury because of the negligence of your employer, then you may be entitled to claim against them. 

Finally, you may be eligible to apply for compensation through the Criminal Injuries Compensation Authority (CICA). They can sometimes compensate victims of violent crime in England, Scotland and Wales. 

Read on to learn more about making a claim for criminal injury compensation. You can also contact a member of our team to make an enquiry. Our advisors are available 24 hours a day, every day, to provide you with free legal advice. 

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  1. Can I Claim Compensation For Assault And Battery? – A Guide
  2. Can I Seek Criminal Injuries Compensation Through The CICA?
  3. Top Tips When Claiming Compensation For Assault And Battery
  4. Compensation For Assault And Battery – Potential Compensation Payouts
  5. What Are The Benefits Of Making A Compensation Claim Through The CICA On A No Win No Fee Basis?
  6. Learn More About Making A Compensation Claim For Assault

Can I Claim Compensation For Assault And Battery? – A Guide

The Crown Prosecution Service (CPS) explains that assault describes any act (not an omission to act) that means a person recklessly or intentionally causes another person to suffer immediate unlawful violence. They also clarify that the term assault often includes battery. Where there is a battery, the perpetrator may be charged with ‘assault by beating’. 

However, there is a distinction to be made. Assault can be an act that indicates intent to use unlawful violence against a person, such as an aimed kick which fails to connect. 

Various types of assault include:

  • Common assault
  • Assault occasioning actual bodily harm (ABH) or grievous bodily harm (GBH)
  • Throwing corrosive fluid on a person

If you have been injured in a violent crime, you may be eligible to receive compensation for assault and battery. This guide will explain what you will be required to provide and how a No Win No Fee solicitor could benefit your claim. 

Can I Seek Criminal Injuries Compensation Through The CICA?

There are eligibility requirements that must be met to claim compensation for assault and battery through the CICA, including: 

  • A violent crime must have caused you an injury. 
  • The incident must have been reported to the police.
  • You must adhere to the relevant time limits, which we will outline later in this guide. 
  • The incident must have occurred in Wales, England, Scotland or another relevant place. 

You could be able to claim if you watched or witnessed the immediate aftermath of an incident where your loved one was criminally injured. “Immediate aftermath” here means the period of time immediately following the incident, and not where you have been told about it afterwards. 

Further factors could affect your ability to claim, such as whether you have cooperated with the police during their investigation. Please contact our advisors to ask about claiming compensation for assault or battery through the CICA.

Is There A Time Limit When Claiming Through The CICA?

You may wonder how long you have to claim criminal injury compensation via the CICA. As an adult, you are generally expected to start your claim within two years from the incident date. 

Under the conditions that exceptional circumstances prevented you from making your application earlier, and you have evidence that means it can be decided without a claims officer making further extensive enquiries, exceptions to the time limits could be made.

Furthermore, the Scheme makes special provisions for people who were under the age of 18 at the time that the incident occurred. Speak to our team of specialist advisors to learn more about the time limits that apply when claiming compensation for assault and battery that happened when you were a child.  

Top Tips When Claiming Compensation For Assault And Battery

The CICA will require the following evidence in order for you to begin a claim: 

  • Proof that you meet the residency requirements. 
  • A police reference number that shows the crime was reported to the police. 
  • Medical evidence. 
  • Proof of expenses and costs that you have incurred, such as invoices, payslips and bank records. 

Contact our team of advisors to learn more about the evidence you could be asked to provide when claiming through the CICA. Also, this could differ from the evidence you may need if you claim against the perpetrator directly or a vicariously liable party. Get in touch with an advisor to find out more about the evidence required in these cases. 

Compensation For Assault And Battery – Potential Compensation Payouts

In the table below, we have used the tariff of injuries to provide a guide to the amount of compensation that the CICA could award for different injuries. Criminal injury solicitors can use this document to assist them when valuing settlements. 

InjuryDetailsCompensation Amounts
Moderately Severe Brain Damage The person will suffer from a serious disablement of their mental and physical functions. Therefore, they will substantially depend on professional and other care.£110,000
Mental InjuryThe mental injury will be both seriously disabling and permanent. This will have been confirmed by diagnosis from a psychiatrist or clinical psychologist. £27,000
Mental InjuryThis is a disabling mental injury that will last 5 years or more but will not be permanent. This will have been confirmed by diagnosis from a psychiatrist or clinical psychologist.£13,500
Eye InjuryThe injury causes the person to lose one eye. £27,000
Eye InjuryThe lense of one eye is dislocated.£3,500
Scarring on the FaceThe scarring will cause serious disfigurement. £11,000
Tibia (shin bone) InjuryBoth of the person's legs are fractured, causing a continuing significant disability. £11,000
Face InjuryThe person has a fractured jaw bone which requires an operation and leaves the person with a continuing significant disability. £6,200
Humerus (upper arm bone) InjuryThe humerus is fractured in one arm, causing the person a continuing significant disability. £3,500
Lung InjuryOne of the person's lungs is punctured. £1,500

Suppose a crime of violence caused you to suffer multiple injuries that each on their own would qualify for compensation. In that case, the CICA could award compensation for up to three of these injuries, valuing them using the formula below: 

  • 100% of the compensation for the most serious and highly valued injury.
  • 30% of the compensation for the second most or equally valued injury.
  • 15% of the compensation for the third most or equally valued injury. 

Additionally, it is important to note that the CICA may award additional payments in instances where the violent crime has caused you to lose a foetus, catch a sexually transmitted disease or become pregnant. These will not be subject to the multiple injury formula. 

Please use our criminal injury claim calculator for a more accurate estimation of the amount you could be eligible to receive in compensation for assault and battery.

What Else Could I Receive When Claiming Compensation Through The CICA?

The CICA could also award you compensation for certain monetary losses caused by the incident. To be eligible to receive a payment for loss of earnings, your injury must have caused you to have limited ability, or be completely unable, to carry out paid work for at least 28 weeks. For these 28 weeks, you could be eligible to receive Statutory Sick Pay (SSP). Then from week 29 onwards, you could be eligible to receive compensation from the CICA for loss of earnings.  

However, other certain monetary losses could be claimed under special expenses, which the CICA can pay from the date of the incident, including: 

  • Equipment that will help you to cope with the impact of your injuries. 
  • Home adaptations. 
  • Care costs relating to food preparation and bodily functions, for example.
  • Equipment damaged in the incident that you relied on as a physical aid, such as a walking stick. 

Please note, to qualify for any special expenses, your injuries must have been so severe that they prevented you from earning or caused you to have a limited ability to earn for more than 28 weeks. Furthermore, all special expenses must directly relate to your injuries, be deemed as necessary and not be available for free elsewhere. 

It is important to mention that the compensation for assault and battery could differ for claims against a vicariously liable party or the perpetrator directly.

What Are The Benefits Of Making A Compensation Claim Through The CICA On A No Win No Fee Basis?

Entering into a Conditional Fee Agreement (CFA), a type of No Win No Fee agreement, generally eliminates payments for a solicitor’s services prior to knowing whether your claim will be successful. There are often no upfront or ongoing fees for a solicitor’s services. Furthermore, if the claim is unsuccessful, you will usually not have to pay for these services.

On the other hand, a successful claim under a No Win No Fee agreement will mean your solicitor takes a small percentage of the compensation, called a ‘success fee’. The law caps the amount that can be deducted.   

Want Free Legal Advice? Contact Us Today

Please speak to a member of our team at Criminal Injury Compensation Helpline to begin your claim. Our advisors could assess the details of your case, and upon finding that you have a valid claim, they could put you in contact with one of the specialist criminal injury solicitors from our panel. 

Please don’t hesitate to:

Learn More About Making A Compensation Claim For Assault

Explore more of our criminal injury guides for further information:

Also, explore these external sources to learn more:

Thank you for reading our guide on claiming compensation for assault and battery.