Claiming compensation for abuse - No Win No Fee
It will be necessary to establish that an individual or organisation, such as the church, a school, a care home or the military was responsible. This can mean that there was negligence or a failure in a duty to provide care and protection, for example where an organisation has failed to correctly supervise and control its staff.
It will also be necessary to show that you suffered psychological and/or physical injuries. Expert opinion from specialist medical professionals will aid in this process Your solicitor can assist with any questions you have about this before or during your claim.
There are time limits on when you can start a claim. Generally a claim must be initiated within three years of the incident of abuse, however some cases can be complicated so it is worth seeking advice on the specifics of your situation.
In cases of child abuse, the three year limit is more flexible. UK Courts recognise the considerable difficulties faced by an individual seeking to make allegations at the time of the abuse.
I have a strong claim - why won't a solicitor take it on?
Your solicitor will ask you whether you have reported the abuse to the police. It may be recommended that you do so as the Police have specialist units trained to handle cases of abuse.
Although criminal investigation does not guarantee that compensation will be awarded it can certainly be helpful. If a criminal investigation does not result in charges and a conviction, it does not necessarily mean you cannot claim for the abuse, it is usually still possible in these cases to take the compensation claim forward.
Claimants give many reasons for making a compensation claim. As outlined below, the award itself will help the claimant and their family cover expenses, other bills and loss of earnings. Many people making a compensation claim do so to get answers or to hold to account the party responsible for their injuries.
A compensation claim may be awarded:
- for any pain and suffering resulting from the assault or abuse
- to reimburse any medical expenses such as physiotherapy
- to reimburse any other expenses or damage to personal property
- to cover any loss of earnings including those anticipated in the future
It may be possible to make an additional claim against the Criminal Injuries Compensation Authority (CICA) who may pay compensation for mental or physical injury from a violent crime as well as for cases of physical or sexual abuse.
The CICA offer free independent advice.
Quittance's panel of specialist solicitors can help people who have suffered abuse to seek financial compensation.
Our solicitor panel have successfully sought compensation against local authorities, care homes, nursing homes, foster homes, boarding schools and the church in cases of:
- Sexual Abuse
- Physical Abuse
- Child abuse
- Abuse of the elderly or disabled
- Abuse claims against the police
The amount of compensation awarded for a case of abuse will vary depending on the severity of the injuries, including psychological injuries.
Compensation guidelines are set by the Judicial College. This compensation reflects the nature and extent of any injuries, including likely recovery times. Guideline compensation amounts are set out in the form of minimum and maximum amounts to be awarded for an injury or condition. The guidelines are, technically, not law but they are widely adopted by insurers, solicitors and the Courts.
Cases of abuse tend to be more complicated than many other types of compensation claim, meaning they can take longer to resolve than normal personal injury cases. Certain key factors will extend the matter - if the defendant does not accept responsibility.
It can be nearly impossible to predict, within any degree of accuracy, the length of time it will take to work out a final settlement . Often it can benefit the injured party to negotiate for a longer period of time as this can result in a higher award.
It should be possible to give you a clearer idea of how long your abuse claim will take after an initial consultation. Contact one of our specialist solicitors on 0800 612 7456.
Quittance recognises the fact that people enquiring about abuse compensation will have specific questions before deciding on whether or not to start a claim for compensation.
Our FAQ's section may offer the answers to some of your questions but we recommend that you contact us for a more detailed discussion to address these.
The first step is usually the most difficult to take. A free initial consultation will help you decide whether pursuing compensation is the right choice for you as well as helping to identify whether the person or organisation is legally responsible for the abuse.
Call us on 0800 612 7456 for a confidential discussion or complete our online form and we will call you back.
Meet the team
The nationwide panel of Quittance solicitors help injured people with all types of personal injury claims, from fast track claims to life-changing injury. Selected on the basis of their success rate in winning claims, Quittance's panel solicitors have years of dedicated experience handling injury claims.