Domestic violence refers to incidents or patterns of controlling, coercive, threatening behaviour, violence or abuse between partners or family members, regardless of sexuality or gender identity. Domestic abuse or violence may include physical, psychological, sexual, financial or emotional abuse. If you have suffered domestic violence, you may be eligible to claim domestic violence compensation, even if your abuser has not been caught or convicted.
In this guide we explain how criminal injury claims work, discussing the different routes to claiming compensation. We look at eligibility requirements, provide examples of potential payouts and look at the types of abuse you could claim compensation for. Our solicitors understand how difficult the claims process can be, and we are here to guide you through claiming the compensation you deserve on a No Win No Fee basis.
Our friendly advisors are available to talk about claiming criminal injury compensation for domestic violence and abuse around the clock. As part of your free assessment, they will check whether you have good grounds to claim, advise on how much compensation you could be eligible for and could connect you to one of our solicitors. Get in touch with us today.
- Call our claims helpline on 0800 073 8804.
- Fill out our contact us form for a call back.
- Speak with us using the live chat feature on this page.
Frequently Asked Questions
- Is It Possible To Claim For Domestic Violence Compensation Through The CICA?
- Can I Still Claim If It’s Against A Non-Convicted Person?
- How Much Domestic Violence Compensation Could I Be Awarded?
- How Can Compensation Help Me After Domestic Abuse?
- What Forms Of Abuse Are Compensated For By The CICA?
- Do I Have To Make A CICA Claim Within A Certain Time Period?
- Will I Need A Solicitor To Claim?
- Ways To Get Support For Domestic Violence
- Learn More
Is It Possible To Claim For Domestic Violence Compensation Through The CICA?
If you have suffered domestic violence or abuse, you may be eligible to claim compensation via the Criminal Injuries Compensation Authority (CICA). The CICA is an agency of the government. They administer the Criminal Injuries Compensation Scheme (the Scheme). This is a government-funded scheme, compensating victims of violent crimes in Great Britain as well as those affected by terror abroad.
Claims may be made to the CICA where there is no other recourse to compensation, such as claims against an individual.
To make a domestic violence compensation claim through the CICA, you must meet the following eligibility criteria.
- The incident must have taken place in Great Britain (or other relevant place, such as a boat registered in GB).
- The incident was reported to the police as soon as reasonably possible to do so. Claimants must also fully cooperate with the police.
- Any physical or mental injuries must meet the criteria set by the Scheme.
Domestic violence victims must also ensure that the claim is filed within the relevant time limit (discussed later in this guide). As long as your application meets the CICA’s requirements you may also be able to claim if the perpetrator has not been caught or convicted. This is discussed later in this guide.
One of our domestic violence solicitors could guide you through the process of submitting an application to the CICA. Please get in contact with our team to check your eligibility to claim compensation.
Can I Still Claim If It’s Against A Non-Convicted Person?
Yes, you may still be able to make a domestic violence compensation claim via the CICA even if the defendant has not been convicted of the crime. The CICA can compensate victims of abuse regardless of whether their abuser has been caught, prosecuted or convicted.
To claim against a non-convicted person you must demonstrate that,
- The incident was reported to the police at the earliest possible opportunity.
- You have a police reference number proving it has been reported.
- You cooperate with the police in any investigation they carry out. This may mean pressing charges against the abuser.
- There is sufficient evidence to support your claim.
Whilst you could claim compensation for domestic violence without the abuser having been convicted, the CICA may carefully assess the credibility of your report and the evidence supporting your claim. They will liaise with the police to collect this evidence.
One of our solicitors could help assess your case and help to determine whether you may be able to claim through the CICA.
How Much Domestic Violence Compensation Could I Be Awarded?
Sexual assault leading to serious internal injuries and which causes permanent disabling mental injuries could be awarded £44,000. As previously noted, the CICA administers the Criminal Injuries Compensation Scheme. The Scheme is funded by the government and assess applications based on the severity of the injury and its impact on the claimant.
If successful, the CICA will award compensation in accordance with the tariffs found in the Scheme. Injuries from the main tariff will be subject to the multiple injury formula, which is as follows:
- 100% of the tariff for the highest valued injury.
- 30% for an injury of equal or second highest value.
- 15% for a third injury that is of equal of third highest value.
However, some injuries are separate from this main tariff. These include losing a foetus or becoming pregnant as well as infection with a sexually transmitted disease.
Below we outline compensation tariffs taken from the Scheme for different types of injury, excluding the first row, which is not a tariff figure. Please note that different claims will be affected by various items. Therefore, the table serves only as guidance. Speak to an advisor for a more accurate valuation of your potential compensation.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple, criminal injuries. | Serious | Inclusive of both special expenses and loss of earnings. | Up to £500,000 with special expenses and loss of earnings. |
| Brain damage | Very serious brain injury. | Severely physically limiting and significant effects on the senses. | £175,000 |
| Brain damage | Moderate brain damage | Significant injury resulting in dependency on others, changes to personality and intellectual deficit. | £82,000 |
| Sexual assault | Non-consensual (penile) penetration of vagina, anus or mouth. | Serious internal injuries and permanent disabling mental illness (severe). | £44,000 |
| Sexual assault | Non-consensual (penile) penetration of vagina, anus or mouth. | Serious internal injuries and permanent disabling mental illness (moderate). | £33,000 |
| Mental injury | Permanent mental injury. | A seriously disabling mental injury confirmed by a clinical psychologist or psychiatrist. | £27,000 |
| Head & Neck | Burns to the face | Burns causing more than minor disfigurement. | £16,500 |
| Upper limbs | Burns | Severe burns. | £11,000 |
| Upper limbs | Fractured upper arm bone. | Fractures to both arms with continuing and significant disability. | £11,000 |
| Face | Multiple fractures to the face. | Fractures including Le Fort fractures. | £11,000 |
How Can Compensation Help Me After Domestic Abuse?
Domestic violence compensation can help victims of abuse to rebuild their lives. Experiencing abuse may result in severe disruption to a victim’s life and affect their financial stability.
Domestic violence victims could claim both special expenses and for loss of earnings. Special expenses may be awarded if you have lost out on income and earnings for a period of 28 weeks or more. Such expenses may be considered from the date of the incident.
Special expenses may include:
- The cost of medical treatment, such as medical care, therapy provided by a psychiatrist or clinical psychologist, or other therapy.
- Mobility equipment, otherwise not available for free.
- Replacing personal property damaged in the incident, such glasses or hearing aids.
In order for special expenses to be taken into consideration, they must be considered necessary and reasonable. They must also have been directly caused by your injury and not be available for free from another source.
A member of our team could answer questions such as ‘what is the criminal injury compensation scheme’ and provide further information on how compensation may be calculated.
What Forms Of Abuse Are Compensated For By The CICA?
The CICA provides compensation to victims of various forms of abuse. Below, we outline several types of abuse and harm which may be compensated for through the CICA.
We also provide examples of possible injuries, to help you better understand what injuries or harm may be included in a claim.
Physical Abuse
Physical abuse includes intentional acts of violence resulting in injury or lasting harm. Survivors may experience long-term injuries or disfigurement.
Injuries may include:
- Broken or fractured bones – these may be caused by being struck or thrown against an object.
- Scarring and disfigurement – such as wounds caused by burns, cuts or repeated abuse.
- Internal injuries – such as damage to the organs.
- Head injuries – such as skull fractures, concussions or brain damage.
Sexual Abuse
The definition of sexual (in the context of rape and sexual offences discussed in this Crown Prosecution Service resource) is set out in the Sexual Offences Act 2003. Sexual abuse includes non-consensual sexual behaviour or acts. This may be through physical force, manipulation or coercion. Sexual abuse may cause both physical injuries as well as a psychiatric injury and trauma.
Sexual abuse claims may include:
- Non-consensual groping or touching – including any form of unwanted sexual contact.
- Rape and/ or sexual assault – including both penetrative and non-penetrative acts.
- Historical abuse – where the survivor of abuse as a child may make a claim years later.
- Psychological harm – where the survivor suffered post-traumatic stress disorder (PTSD), anxiety or depression as a result of abuse.
Fear Of Immediate Violence
Fear of immediate violence may be as harmful to a survivor as physical injuries. Such acts are considered a crime of violence. This type of abuse could cause psychological distress and harm. It may result in long-term psychological conditions and leave survivors with psychological trauma.
Victims could experience,
- Threats of physical violence – where an abuser intimidates an individual, causing them to believe they are in imminent danger.
- Isolating a victim in a hostile environment – placing a survivor in a situation where they feared violence would be carried out.
These are some instances in which survivors may make a criminal victim compensation claim through the CICA. If you have suffered domestic violence or abuse, please contact our team to get help and support.
Do I Have To Make A CICA Claim Within A Certain Time Period?
If you are making a claim for domestic violence compensation through the CICA, your claim must be submitted within two years of the incident.
This time limit applies to most domestic violence claims. However, exceptions may be granted in cases where circumstances (such as historical sexual abuse) prevented an application being made earlier.
- If the abuse or domestic violence took place and was reported to the police before you turned 18, you have until your 20th birthday to file a claim.
- If the domestic violence or abuse took place before you turned 18 but was not reported at the time, you have 2 years to file a claim from when it was reported.
We must note that whilst there is a set time period in which to begin a compensation claim, there is not a strict time limit on how long a claim may take. Domestic abuse claims can be complex and how long the claim takes may be impacted by several factors. Claims are assessed by the CICA as quickly as possible. The majority of cases are assessed within 12 months, according to this government resource.
If you are unsure whether you are eligible to make a claim, our experienced solicitors could review your case and advise you on steps you may take. They could guide you through the process of filing a claim and ensure that you do so within the limitation period.
Will I Need A Solicitor To Claim?
Whilst it is not a legal requirement to work with a criminal injury lawyer, we believe that doing so could significantly improve your chances of getting the compensation you deserve.
Making a domestic violence compensation claim, whether through the CICA or directly against the perpetrator can be complex. Steps such as gathering medical evidence, understanding legal terminology and negotiating a fair settlement can all be complicated when carried out yourself. Our team of specialist solicitors are committed to providing claimants with expert support.
We operate on a No Win No Fee basis, taking on cases through Conditional Fee Agreements (CFA). This means that you will not have to worry about meeting upfront legal costs. There also won’t be any fees to pay for your solicitor as the claim is ongoing or if it is unsuccessful. However, if you are awarded compensation, your solicitor will take a small percentage of this as their success fee. A limit is placed on this percentage by the law.
Our team has decades of combined experience in helping clients navigate the claims process. If you have suffered domestic abuse or violence and need legal help, we are here to help you.
Contact Us
If you are ready to begin your domestic violence claim, our advisors are on hand to provide expert help and guidance. Talk to a team member using one of the options below:
- Call us on 0800 073 8804 for a free consultation.
- Use our contact us form to send the details of your case.
- Discuss your case with an advisor, using the live chat on this page.
Ways To Get Support For Domestic Violence
If you or someone you know experienced domestic violence, getting the right support can be an essential step towards safety and recovery. Across the country, there are various organisations and support services which can provide emergency shelter, confidential assistance, and ongoing emotional support.
Below, we have compiled a list of trusted resources and support services who can help survivors of domestic violence and abuse.
- NHS Domestic Abuse Help – this is a free and confidential service. It provides information and access to support services.
- Government Guidance On Domestic Abuse – advice on accessing help, support services and further understanding your legal rights.
- Victim Support – provides independent support and advice to victims of crime.
- Women’s Aid – is a charity which works to end domestic abuse. They offer support services across the country.
Speaking to a criminal injury lawyer can help to clarify your options, ensuring that you get the practical, emotional and financial support you need. Our team is ready to assist you. Contact us to take the next step.
Learn More
Below, we have gathered further key resources to help you learn more about claiming compensation, getting legal guidance and support services.
- In this guide we look at how having a criminal record could impact your ability to claim compensation.
- In this guide we explain what actual bodily harm (ABH) is and when you may be eligible to claim compensation.
- You can find further examples of criminal injuries compensation in this guide.
Key resources and support services
- You can learn more about the government’s updated definition of domestic violence in this resource.
- Legal guidance published by the Crown Prosecution Service (CPS) on domestic abuse also discusses how this crime is defined.
- If you are concerned about someone else’s safety, you can contact the police about domestic abuse and violence.
Seeking domestic violence compensation can be a vital step in moving forward. If you are ready to begin your claim, our solicitors are ready to help you. They can provide expert legal advice and guidance. Speak to an advisor today.
