Suing an Individual Abuser 

If you have been abused, you have a right to seek compensation directly from the individual or individuals who abused you. When you are ready to talk, we are ready to listen. Our specialist Abuse Solicitors in England and Wales may be able to help you take this step and have what happened to you recognised. 

We understand that suing someone for abuse takes a great deal of courage. For many years, we have represented survivors of abuse and supported them through the legal process, at a pace that felt right for them. Our compassionate team aims to make the legal process as stress-free and straightforward as possible. 

Get in touch for a confidential conversation. Depending on your personal circumstances, you may qualify for Legal Aid or proceed on a No Win, No Fee basis. 

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

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Can you sue an individual abuser? 

You may be able to bring a civil compensation claim directly against the person who abused you. However, it is important to consider whether they have sufficient assets, such as savings, income or property, to pay any compensation and legal costs awarded. We can investigate their financial circumstances and advise whether bringing a claim directly against them is an option. 

It may also be possible to bring a claim against your abuser's employer if the abuse was carried out in the course of their employment. Where this applies, a claim against the organisation may be an option, and we can talk you through which route may be right for you. 

Why should I bring a claim directly against the person who abused me? 

Bringing legal action cannot take away the suffering you have experienced, but there are many reasons survivors tell us it is worth coming forward.

  • For many, it is the only recognition that what happened to them was wrong.
  • A compensation claim can bring you a sense of accountability, particularly if your abuser was not held to account through criminal proceedings.
  • If your claim succeeds, compensation could help you access treatment, such as therapy, to help you process what happened.
  • You could be compensated for earnings you have lost because of the abuse. 

Compensation is rarely the driving factor for coming forward. But no one should ever have to experience abuse, and you deserve support in dealing with what happened. 

How long do you have to claim? 

The time limit to make a claim depends on the nature of the abuse you experienced.  

For child sexual abuse claims, there is no longer a strict limitation period in England and Wales. However, where possible, it is still advisable to issue a claim at court before your 21st birthday. If a claim is not issued until after your 21st birthday, a Defendant may argue that the passage of time has affected the availability of evidence and that there can no longer be a fair trial.  

For other types of childhood abuse, including physical or emotional abuse, claims should be brought or issued at court before your 21st birthday. However, the courts recognise that survivors often do not feel able to speak about abuse until much later in life. In some circumstances, the court may allow a claim to proceed outside the usual time limit if there are good reasons for the delay and it is still possible for a fair trial to take place. 

For abuse experienced in adulthood, you will usually have three years from the date of the abuse to bring a claim, although exceptions may apply. 

How does the claims process work? 

We will guide you through the process with care, moving at a pace that feels right for you. Although every claim is different, a typical process is as follows: 

    1

    Initial call

    Your first conversation with us is completely confidential. One of our team will take some initial information surrounding your circumstances.  

    2

    Case assessment

    A member of our team will review your case and advise whether you may be able to make a successful claim. We would never put you through the claims process unless we were confident you had a good chance of success. We will also take time to understand what you want to happen and the type of support you feel you need while the claim is progressing. Whether you decide to proceed with a claim is entirely your choice. 

    3

    Preparing your claim

    Your legal team will gather evidence, which may include records, witness statements, and police reports. 

    4

    Independent medical assessment

    We will often arrange for you to see an independent psychiatrist or psychologist who will assess the psychological impact the abuse has had on you and prepare an expert report to support your claim. 

    5

    Support in and out of court

    Most abuse claims settle without a final court hearing, but we will be by your side throughout, even if your claim does go to court. 

    6

    Outcome

    If your claim is successful, we will explain to you the amount you will receive ensuring you fully understand the outcome of your claim. 

    7

    Follow-up support

    Our team can put you in touch with support organisations if you want further help with your recovery. 

How much compensation could you receive? 

Every case is different, and the amount of compensation reflects your individual circumstances. Factors that may be considered include the nature and duration of the abuse, how it has affected your life, any financial losses you have experienced and any future treatment or support you may need. 

When bringing a claim directly against the person who abused you, their financial circumstances will also need to be considered. Even if you are entitled to compensation, the amount that can be recovered may depend on whether the person has sufficient assets, such as savings, income or property. 

Depending on your circumstances, we can also advise whether another route to compensation, such as a claim through the Criminal Injuries Compensation Authority (CICA), may be available. 

How much will it cost to make a claim? 

We often deal with claims involving an individual abuser on a No Win, No Fee basis. You may also be eligible for Legal Aid, depending on your financial circumstances, or you may be able to use a Legal Expenses Insurance policy, often an add-on to a home insurance policy. As a final option, you could pay your legal costs yourself. We will discuss the best option for you during your case assessment. 

Why choose Simpson Millar? 

We understand what it takes to come forward, and we are proud of the support and compensation we have achieved for our clients. Our specialist team understands the complexity of this area of law and aims to make the process as straightforward and stress-free as possible. We are also members of the Association of Child Abuse Lawyers (ACAL) and follow its Code of Conduct. 

By choosing us, you can trust that we will: 

  • Listen with care and without judgement.
  • Keep you informed about your claim at every stage.
  • Treat your personal information with the utmost confidentiality.
  • Signpost you to specialist support organisations for practical and emotional support.
  • Explain everything in clear, plain English.
  • Be clear about your legal costs from the outset. 
By providing your details, you consent to being contacted by telephone in relation to this enquiry. This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. Click here if you have a disability that requires reasonable adjustment to ensure access to our services.

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FAQs

If you decide to come forward, you may choose to report the abuse to the police, and we can guide you through this process. The police may investigate what happened, and this could lead to criminal proceedings, although this does not always happen.  

If you are looking to bring a civil claim directly against the individual who abused you, we would usually require them to have been convicted. However, even where there has been no conviction, there may be another person or organisation that could be legally responsible for what happened. We would therefore still encourage you to contact us so we can consider the circumstances and advise whether there may be another viable Defendant to pursue. 

In most cases, there is no need to go to court, and many claims settle without a final hearing. If your case does proceed to a hearing, you may have to give evidence as a witness. If that happens, your solicitor and a barrister will provide advice and support at every stage. 

To bring a claim directly against an individual, they will usually need sufficient assets to meet any compensation and costs. We will look into your abuser's financial circumstances and advise you honestly on whether this is a practical option, or whether another route, such as a claim against an employer, may be more appropriate. 

The time limit to make a claim depends on the nature of the abuse you experienced. 

For child sexual abuse claims, there is no longer a strict limitation period in England and Wales. However, where possible, it is still advisable to issue a claim at court before your 21st birthday. If a claim is not issued until after your 21st birthday, a Defendant may argue that the passage of time has affected the availability of evidence and that there can no longer be a fair trial.   

For other types of childhood abuse, including physical or emotional abuse, claims should be brought or issued at court before your 21st birthday. However, the courts recognise that survivors often do not feel able to speak about abuse until much later in life. In some circumstances, the court may allow a claim to proceed outside the usual time limit if there are good reasons for the delay and it is still possible for a fair trial to take place.  

For abuse experienced in adulthood, you will usually have three years from the date of the abuse to bring a claim, although exceptions may apply. 

Evidence in abuse claims can be difficult to obtain, especially when the abuse happened a long time ago.We will help you gather what is available, such as medical records, police reports and independent medical evidence, to support your claim. 

There is no right or wrong time to seek legal advice. When you feel ready, contact us on 0800 260 5010 or request a call back at a time that suits you. If we believe you may be able to make a claim, we'll explain your legal options clearly and help you decide on the next steps. 

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Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010

By providing your details, you consent to being contacted by telephone in relation to this enquiry. This data will only be used by Simpson Millar in accordance with our Privacy Policy for processing your query and for no other purpose. Click here if you have a disability that requires reasonable adjustment to ensure access to our services.