Adult Abuse Solicitors

FAQs

• How do I make an abuse claim?

  Every adult abuse claim is unique and we’ll sensitively consider any information you share with us to help you get the best result. There are two main ways to seek compensation:

  • Through the court system
  • Through the Criminal Injuries Compensation Authority (CICA).

  In some cases, you can apply to both.

  Regardless of which route you choose to go down, here are the 6 main steps to start making a claim:

  1. Get in touch

  For a free no obligation chat, contact our child and adult abuse team on 020 7288 4800 or complete our online abuse  enquiry form.

  2. Funding options

  We’ll help you decide on the best funding arrangement for you, whether it’s ‘no win no fee’agreement, legal expenses insurance or Legal Aid.

  3. Records and documents

  If we think you have a claim, we will carry out initial enquiries and review documents including police statements, prosecution documents and medical records.

  4. Speak to witnesses

  We may also speak to witnesses if necessary and agreed by you.

  5. Letter of claim

  We will draft a letter to the defendant setting out the detail of your claim.

  6. Expert opinion

  We will instruct a psychiatrist to interview you and provide a report for the case.  We will instruct any other medical or professional experts needed to support and value your claim.

  Find out more about the child and adult abuse claims process here. You can also read information on how to report a case of abuse to the police.

• What is the process for claiming compensation through the CICA?

  The CICA (Criminal Injuries Compensation Authority) is a government-funded scheme which processes applications for compensation on behalf of survivors of violent and sexual crime, who have suffered physically or mentally.

  Compensation from the CICA can be easier to obtain but is often less than you would get in a civil claim for damages. If at a later date you are also successful in a civil claim, normally any payment received from the CICA must be repaid.

  We can guide you through the process of claiming compensation through this scheme. This includes reviewing applications and appeals against the decisions of caseworkers.

  Normally for a CICA claim to succeed:

  • The abuse must have been reported to the police and the applicant must have co-operated with any prosecution which arose as a result
  • The application must be made within 2 years of the assault or – if later – 2 years from the date when the abuse was first reported to the police.

  These rules can be difficult to apply in cases involving allegations of abuse that happened outside of these timeframes, but not impossible given the right legal support. The CICA pays out compensation of between £1,000 and £500,000. The amount you receive will depend on the injury tariff set out by the CICA.

• What are the time limits for a case?

  You should usually bring a claim for abuse within three years of the date on which you suffered the abuse.

  The court has discretion to extend the time limit, and in certain circumstances, may allow you to bring a claim outside the time limit, even if many years have passed. At Bolt Burdon Kemp, we will work with you to persuade the court to waive the time limit if necessary, and award you compensation for the abuse you have suffered.

• What happens if my claim is successful?

  If your claim is successful we will negotiate a financial settlement that takes into account both the harm done and the financial losses which may have resulted from the abuse. If the abuse has interfered with your ability to reach your occupational potential, this will also be factored into your final compensation amount.

  Protecting your means-tested benefits

  Your financial circumstances change when you receive adult abuse compensation. As a result, your means tested benefits may be at risk. You can protect your entitlement to your benefits and further benefit from compensation by setting up a trust. Our specialist adult abuse solicitors will be happy to advise if this is applicable.

  Investment advice

  Investing your compensation requires careful thought and specialist advice. We work closely with reputable and professional financial advisors with extensive experience and knowledge of working alongside recipients of compensation. We can make a personal recommendation and a referral to an appropriate adviser on request.

  Rehabilitation

  In many claims for adult abuse compensation, your current quality of life and wellbeing may be improved by appropriate therapy and support services, including counselling or care. This is best given at the earliest opportunity, rather than waiting for the claim to be settled. We have arrangements with providers of therapy and other rehabilitation services to support as soon as possible.