Can Someone Be Sued For Assault?

By Richie Billing. Last Updated 17th November 2023. You may be wondering, “can I sue someone for assault?” This is an area of law that many people are unsure about. When making an assault claim there are several routes and these will depend on your circumstances. Hopefully, throughout this guide, we will explain this clearly. In short, in some cases, if you are assaulted then you could be entitled to compensation. Criminal injuries can take physical form but they can also cause psychological damage too. 

If you have any questions regarding anything on this subject, then please feel free to get in touch. Our advisors are standing by and ready to help. Don’t hesitate. 

Our advisors can listen to the merits of your case and evaluate whether you could have a valid claim for compensation. If they think you do, they could connect you with a specialist criminal injury lawyer from our panel. They will work with you on a No Win No Fee basis.

 Read on for more information, including our contact details.

  • Call us on 0800 408 7825
  • Use the pop-up live chat window in the corner
  • You can also request a callback by completing the short form on our contact page

Can I sue someone for assault?

Can I sue someone for assault claims guide

Select A Section

  1. Can You Sue Someone For Assault?
  2. Common Assault Examples
  3. CICA Assault Claims
  4. How Much Can I Sue Someone For Assault For?
  5. Assault And ABH – Claim With A No Win No Fee Solicitor
  6. Related Criminal Injury Claims

Can You Sue Someone For Assault?

Are you wondering if you can claim for assault? There are different ways that you can make a criminal injury claim. For example:

  • You could claim directly against the person who assaulted you. However, you can only do this if you know who they were and if they have the funds or assets required to pay you criminal injuries compensation.
  • You may also claim against a vicariously liable party. This could be when an organisation or company owed you a duty of care, and you suffered injuries in an assault because of a breach of this duty.
  • Finally, you may claim through the Criminal Injuries Compensation Authority (CICA), an executive agency of the government that awards compensation to victims of violent crimes in England, Scotland or Wales via the Criminal Injuries Compensation Scheme 2012.

It’s worth noting that when you make an assault claim through the CICA, you must meet the following criteria:

  • You reported the incident to the police.
  • You were injured in a crime of violence, which means an attack, or an act or omission of a violent nature. Additionally, it could be defined as a threat of violence, sexual assault or arson.
  • The crime occurred in England, Scotland, Wales
  •  
  • Our advisors are available 24/7 and can answer your questions such as, ‘how much compensation will I get for assault in the UK?’ Additionally, they could connect you with our panel of expert criminal injury solicitors.

I Want To Sue Someone – How Long Do I Have?

You must start a claim through the CICA within 2 years of your assault. A claim beyond this period may be time-barred unless you can present evidence of extenuating circumstances to show why you were unable to start your claim within the usual period.

Common Assault Examples

There are three main offences that come under the umbrella of assault:

  • Common assault – Common assault examples can include where someone has aimed a kick that hasn’t connected or where someone has spat at another person. Injuries could include minor bruising or hair being pulled out. 
  • Actual Bodily Harm (ABH) – This refers to assault that leads to a person being physically harmed. For example, they might be bruised, scratched or bitten. Mental harm may also be included in this offence. For example, the person could experience Post-Traumatic Stress Disorder (PTSD) caused by assault.
  • Grievous Bodily Harm (GBH) – GBH occurs when a person is significantly physically harmed by their attacker. Additionally, the attacker might wound a person with the intent to cause harm. Examples include suffering deep lacerations, concussions or broken bones. 

Please note, whilst common assault, GBH and ABH are the names of a criminal offence, there doesn’t need to have been a criminal conviction in order for you to make a claim through the CICA.

If you have a valid claim to seek compensation for assault, our advisors could help you connect with a criminal injury lawyer from our panel. They can begin working on your case and helping you through the different aspects of the claims process.

CICA Assault Claims

The Criminal Injuries Compensation Authority (CICA) is the government body that processes assault and other criminal injury claims when there is no other route for compensation. They have a set tariff that lists how much certain injuries could be awarded. It’s not only physical injuries that are included and valued but also psychological injuries.

Compensation For Assault – Gathering Evidence To Support A Claim

If you are making a claim for assault compensation through the CICA, you will need to be able to provide the following pieces of evidence.

  • A police reference number to prove that you reported the incident.
  • Proof that you meet the residency requirements.
  • Medical evidence regarding the injuries you have suffered. For example, this could be a copy of your medical records.

The CICA will be able to liaise with the police for any additional information they may need regarding the incident.

If you have further questions about making a claim through the CICA for compensation for assault, you can contact our friendly team of advisors.

How Much Can I Sue Someone For Assault For?

When claiming compensation through the CICA you are not actually suing anyone. It is only when you make a criminal injury claim against the defendant that you would be suing someone.

In this section, we’ll include some example figures from the CICA tariff. If you were to make the claim against the defendant the compensation awards are higher.

It’s important to note that in most cases, you can only claim for a maximum of 3 injuries through the CICA. Additionally, only the injury worth the most money is paid out at the full rate. The 2nd and 3rd most valuable injuries are added to the total, but only at 30% and 15% respectively.

Edit
Injury Description Amount
Arm Loss of your non-dominant arm £33,000
Sight Serious and permanent blurred/double vision £13,500
Neck Serious and permanent disability £11,000
Finger Loss of two or more fingers £11,000
Hearing Partial but permanent deafness in both ears £6,200
Skull A simple fracture that requires an operation £3,500
Hand One hand fractured with ongoing, significant disability £3,500
Mental injury Disabling, and confirmed by a clinical psychologist – lasting 28 weeks to 2 years £2,400
Face Fractured jaw with a substantial recovery without surgery £1,500
Teeth The loss of two or more teeth £1,500

You will have a medical assessment as part of your claim to identify the injuries caused and any mental damage. The assessment will be completed by an independent medical professional. A report will be compiled which will include your prognosis.

Special expenses can also be claimed. These can include loss of earnings if you are off work for more than 28 weeks and also certain medical expenses. 

Get in touch with us today for more information.

Assault And ABH Injuries – Other Ways Of Claiming

If you’ve been injured due to an instance of ABH, solicitors may be able to help you claim in another way. If you can identify the person who injured you, then it could be possible to make a claim against them directly. The way compensation is calculated is also different when compared to CICA claims. However, the perpetrator needs to have the funds available to pay you.

Whilst it is not necessary for the perpetrator to have been charged with assault in the UK in order to make a claim.

It can still be more common to claim for ABH injuries through the CICA instead. However, you will need some evidence in order to claim, even if its your own testimony. A short investigation will often be carried out to corroborate you case.

If you have any questions, get in touch with our advisors today.

Assault And ABH – Claim With A No Win No Fee Solicitor

If you have suffered harm from assault or ABH, our No Win No Fee solicitors could help you get a compensation payout. If they offer you a Conditional Fee Agreement, which is a form of a No Win No Fee agreement, they usually won’t ask for an upfront payment or whilst the claim is ongoing.

Additionally, should your claim not succeed, your solicitor won’t expect you to pay them for their work. If your claim does succeed, your solicitor takes a success fee from your award that is subject to a cap under the Conditional Fee Agreements Order 2013.

To find out more about working with one of the expert solicitors from our panel under this arrangement, you can get in touch with our advisors and they’ll arrange a free consultation. You’ll get the chance to discuss assault law and other questions you may have about a No Win No Fee agreement.

If you are in the UK and an assault left you injured, please don’t hesitate to contact us. Below are a few ways you can connect with us:

  • Call our 24/7 free advice line on 0800 408 7825
  • Pop up to an advisor using our live chat function
  • Complete our contact form for a free call back

Related Criminal Injury Claims

We’ve included some links to additional material you may find helpful.

  • If I have experienced a loss of earnings, can I claim statutory sick pay?
  • You have the right to request the footage if you appear on CCTV – this could be used as evidence during your claim.
  • How to know if you’ve broken a bone – NHS information.

Below you will find other guides on our site related to personal injury law;

We also have some other guides you may find useful:

Thank you for reading our guide that answers the question, “can I sue someone for assault?”