How to Claim Compensation for Abuse

Understanding your options for claiming compensation

There is more than one way to seek compensation after abuse, and the right approach will depend on your circumstances.

Civil compensation claims

Many survivors bring a civil claim against the organisation that failed to protect them or, in some cases, against the individual responsible for the abuse.

Our team will investigate what happened, identify who may be legally responsible and advise whether there is sufficient evidence to pursue a claim.

Civil claims can often result in higher compensation than other routes because it can take into account the full impact the abuse has had on your life, including psychological injuries, financial losses and future care or treatment where appropriate.

Criminal Injuries Compensation Authority (CICA)

In some situations, we may advise that the most appropriate route is to apply to the Criminal Injuries Compensation Authority (CICA).

The CICA is a government-funded compensation scheme for victims of violent crime, including many survivors of physical and sexual abuse.

Whether this is the right option will depend on factors such as the circumstances of the abuse, whether there is an identifiable defendant, the available evidence and whether the relevant eligibility criteria are met.

Sometimes a CICA application is the only available option, while in other cases it may be considered alongside a civil claim.

We will ensure to explain the advantages and limitations of each route before any decisions are made.

How your abuse claim is funded

Many people worry that they cannot afford legal representation. Depending on your circumstances, there may be several ways to fund your claim.

These can include:

• Legal Aid, where available and subject to eligibility criteria
• A No Win, No Fee agreement, where appropriate
• Other funding options depending on the circumstances of your case

We will explain which funding arrangements may be available to you and answer any questions you have before you decide whether to proceed.

What information will you need to provide?

Every abuse claim is unique, so the evidence required will vary from case to case.

When you first contact us, a member of our specialist team will listen to your situation, answer any initial questions you have and gather enough information to understand what has happened. You will never be expected to remember every detail during this first conversation, and there is no obligation to proceed with a claim.

If we are able to help and you decide to move forward, your solicitor will work closely with you to build your case. They will prepare a detailed witness statement with you, ensuring it accurately reflects your experiences, and will identify the evidence needed to support your claim.

This may include obtaining documents such as:

• medical records
• school or education records
• Local Authority records
• police records
• court records
• employment records
• social services files
• care home or institutional records

Notifying the defendant

Once enough evidence has been gathered, your solicitor will usually prepare a formal Letter of Claim.

This document explains:

• the background to the claim
• who is believed to be legally responsible
• how the abuse occurred
• the injuries and losses you have suffered
• why compensation is being sought

You will have the opportunity to review and approve the letter before it is sent.

The defendant will normally investigate the allegations before responding. They may admit responsibility, deny the claim or admit only part of the claim, explaining the reasons for their position.

Independent medical evidence

Medical evidence is an important part of most abuse claims because it helps demonstrate the impact the abuse has had on your life.

Many survivors experience long-term psychological injuries, including anxiety, depression, post-traumatic stress disorder (PTSD), complex trauma or other mental health difficulties. Some people may also have physical injuries or ongoing health conditions linked to the abuse.

Your solicitor will usually arrange for you to be assessed by an independent medical expert, such as a Consultant Psychiatrist or Clinical Psychologist with experience of abuse-related trauma.

The expert will review the available records, meet with you to discuss your experiences and prepare an independent report explaining:

• the injuries you have suffered
• whether they are consistent with your experiences
• the treatment or therapy that may help
• your likely long-term prognosis

You will have the opportunity to review the report before it is shared with the defendant.

How compensation is valued

Compensation is assessed individually and reflects the specific impact the abuse has had on your life.

Our experts will consider a wide range of factors, including:

• the nature and duration of the abuse
• the psychological and physical injuries suffered
• the effect on education, employment and relationships
• past and future financial losses
• the cost of therapy, treatment or care
• any ongoing support that may be needed

Where appropriate, your solicitor may also seek advice from an independent Barrister to provide an expert opinion on the legal merits of the case and the appropriate value of the claim.

Reaching a settlement

Most abuse claims are resolved through negotiation rather than a Trial at Court.

Settlement discussions can take place at any stage once sufficient evidence has been gathered. If both parties are able to agree, the claim can often be concluded without the need to attend Court.

However, if liability is disputed or a settlement cannot be reached, Court proceedings may become necessary. Even after proceedings have started, many claims still settle before reaching a final hearing.

If your case does need to go to Court, our expert Abuse Claims team will explain every stage of the process, prepare you for what to expect and support you throughout.

How long does an abuse compensation claim take?

Every claim is different, so there is no set timescale.

The length of a case depends on factors such as:

• how much evidence needs to be gathered
• whether historic records need to be located
• whether responsibility is admitted
• the complexity of the medical evidence
• whether Court proceedings become necessary

Many abuse claims take between two and five years to conclude, although some may settle sooner while more complex cases can take longer.

Our team will keep you updated throughout your claim and explain any significant developments as your case progresses.

How our Abuse Claims Solicitors might be able to help

Our specialist Abuse Claims Solicitors have extensive experience supporting survivors of abuse and understand the courage it takes to come forward. We recognise that every person's experience is different, which is why we take the time to listen without judgement, answer your questions honestly and tailor our advice to your individual circumstances.

We will explain your legal options in clear, straightforward language, including whether a civil claim, a Criminal Injuries Compensation Authority (CICA) application or another route may be appropriate. We can help gather evidence, obtain historic records, arrange independent medical assessments and deal with those responsible on your behalf, allowing you to focus on your wellbeing.

Whether the abuse happened recently or many years ago, we can advise you on the current law, any relevant time limits and the funding options that may be available, including Legal Aid or No Win, No Fee arrangements where appropriate.

If you would like to find out how we may be able to help, call our Abuse Claims team today on 0800 260 5010 or request a callback, and we'll get in touch at a time that works for you.