Claiming Compensation for Domestic Violence
You may be able to claim compensation for domestic abuse claims, if there is evidence that a "crime of violence" has taken place. This means that physical or sexual violence is awarded compensation.
The CICA do not pay compensation for the following:
- Emotional abuse
- Stalking
- Harassment and bullying
- Financial abuse
- Coercive control
- Minor isolated physical injuries, such as bruising, a black eye, broken nose, broken ribs, or small cuts, scrapes or swelling.
The CICA scheme rules require the victim to evidence the fact that they are blameless and that your attacker cannot benefit from any financial award made. This means claims can be turned down if the abuse was from a partner, and you have chosen to remain with that partner. The CICA scheme sets out how to determine eligibility for compensation. Domestic violence claims are specifically referred to in the most recent version of the scheme (updated in 2012), where compensation tariffs of between £2,000 and £8,200 are payable depending on the level of physical injury sustained. There is also a separate section for abuse suffered by children.
Why should I use a criminal injury lawyer to help make a domestic abuse claim?
The CICA look at domestic violence and domestic abuse claims very carefully. They assess each individual incident, and whether it forms part of a pattern of abuse over a period of time. They consider what has been reported to the police, and what co-operation the victim has given the police in investigating the crimes. In other words, instead of being wholly sympathetic to the victim, they are looking at whether they are able to decline a claim or not. The abuse must be reported to the police as soon as reasonably practicable. We have noticed that the CICA are clamping down on delays in reporting to the police. Therefore, it is really important to have a legal representative to assist you in overcoming any potential hurdles with the claim.
An experienced lawyer will be able to advise why the CICA request a specific piece of information, and how best to present the case to get a settlement, and reduce the time taken to get there. Our experts work to ensure that your claim is submitted in the best way from the start to maximise your chances of success.
Please get in touch with our domestic abuse lawyers and we will tell you if we are able to take your case on a no win, no fee basis. Most CICA claims are handled on this basis, and this is done in the reasonable belief that the claim is more likely than not to succeed. We offer a no win, no fee agreement on domestic violence cases only if the claim is successful. This means you have no risk of legal costs unless you win, when the costs are paid out of the compensation.
For more information please call Winston Solicitors Domestic Abuse CICA Helpline on 0113 320 5000 or email cica@winstonsolicitors.co.uk to find out more about our CICA services.
Experience tells us that it is beneficial to the overall success of your claim, to instruct a solicitor at the very start. The CICA do not offer a solicitor to you and you are able to apply directly; however, without extensive knowledge of the scheme we see too often that applicants who have applied directly, face trouble and stumbling blocks along the way. By instructing Winston Solicitors you are receiving specialist advice from our Criminal Injury Lawyers, representation throughout your claim, including at Review and Appeal stage if required. We will ensure that you achieve the maximum award for your injuries, including loss of earnings and special expenses where applicable.
The CICA offer awards for the most significant injuries including:
- Facial fractures
- Internal injuries
- Fractured or dislocated limbs
- Significant scarring
- Psychological injuries
- Sexual assaults
Minor injuries that are not eligible for compensation under the Criminal Injuries Scheme include:
- broken noses
- fractured ribs
- widespread bruising
Use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
It is possible to claim compensation for injuries sustained from a period of domestic abuse or a single domestic assault. You must have reported the offender to the police and supported the prosecution. An award may be paid for physical, sexual or psychological injury where this falls within the tariff of injuries set by the CICA. Awards however cannot be made for financial abuse, coercive control, stalking and harassment.
When asked by the police if you wish to press charges against your assailant, you must agree to do so to be able to claim compensation for your injuries. The CICA expect all applicants to act as far as reasonably practicable in bringing their assailant to justice, and therefore any reluctance to assist the police in securing a prosecution, may see your claim rejected by the CICA.
Absolutely not. We do not share your information with anyone else without your prior consent. As your compensation is paid by government funds, there is no reason why the assailant would be aware of your claim for compensation.
You may be able to. The burden of proof required by police and the Crown Prosecution Service is that they must show “beyond all reasonable doubt” that the assailant is guilty – sometimes this will lead the CPS being unable to charge if there are some discrepancies or a lack of evidence. The burden of proof the CICA require is much less and it is accepted “on balance of probability” that the crime took place, then you should be able to claim compensation.
Yes. So long as you have required medical treatment for the same. The CICA would require you to have a diagnosis from a psychiatrist or clinical psychologist; if you don't have this yet but are receiving counselling or therapy, please call our specialist Criminal Injury Lawyers on 0113 320 5000 who will be able to advise you further. You can also use our Criminal Injuries Compensation Calculator to see how much your claim may be worth.
Compensation for domestic abuse claims depends on the frequency and severity of the assaults. The CICA provides awards based on the physical and psychological injuries sustained, with amounts varying accordingly. Typical awards can range from £1,000 to a maximum of £250,000. For detailed advice and to understand your potential compensation, reach out to our dedicated domestic abuse claim experts at Winston Solicitors.
