Can I Sue Someone For Assault?

By Max Morris. Last Updated 21st June 2022. 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. 

Can I sue someone for assault?

Can I sue someone for assault claims guide?

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

Select A Section

  1. Can You Sue Someone For Assault?
  2. Assault And Offences Against The Person
  3. Can You Sue Someone If They Assaulted You?
  4. Can I Sue Someone For Assault Without Pressing Charges?
  5. CICA Assault Claims
  6. How Much Can I Sue Someone For Assault For?
  7. Can I Sue Someone For Assault With A No Win No Fee Solicitor?
  8. Related Criminal Injury Claims

Can You Sue Someone For Assault?

If you have been the victim of assault, your injuries could vary. It could be that you have sustained bruises or soft tissue injuries. However, more serious incidents could result in things like broken bones, damaged organs, and lasting psychological damage.

The two main routes of claiming for a criminal injury is trying to sue the defendant for compensation or claim through the Criminal Injuries Compensation Authority CICA.

Claiming against the defendant would mean they would need to be identified, have the means to pay and possibly be convicted of the offence in a court of law.

However, in many cases, it is not possible for a claim to be pursued against the defendant. For this reason, there is a government-run scheme for criminal injury compensation.

There is a section later in this article that talks about this in more detail. In short, this is who you would make your claim with if you were assaulted and there was no other way to claim compensation. This is where the process differs from claiming against the defendant like in making a personal injury claim.

Depending on what route you take to make your claim then there are different time limits that apply. If making a claim against the defendant you could have three years to start your claim. When making a criminal injury claim through the CICA you would have a shorter time limit of two years. However, when making sexual abuse claims the time limit can also differ. 

Assault And Offences Against The Person

 “Can I sue someone for assault?” is often a question we are regularly asked. But what is assault? Below we look at different criminal offences related to physical assault. 

Common Assault

This is often one of the less severe cases of assault. However, that doesn’t mean that the effect on the injured party can’t still be severe. Those guilty of common assault will have inflicted violence on someone, and the violence can even be very slight. Acts such as shoving, pushing, grabbing, or being spat at are all examples of this.

Even if the perpetrator makes you feel like you’re about to be attacked, this could also be an example of common assault. For example, a raised fist or threatening speech could be interpreted as common assault. 

Grievous Bodily Harm (GBH)

This is when serious injuries take place as a result of the assault. This is the top end of the scale when it comes to assault whereas common assault is the lower end of the scale. Psychological injuries such as PTSD can also be included in this bracket. 

Actual Bodily Harm (ABH)

Similar to GBH, this is when the offender inflicts notable damage on the victim. However, the injuries tend to be less severe than in cases of GBH.

Can You Sue Someone If They Assaulted You?

Can you sue someone for assault? If you wanted to make a claim through the CICA your case would have to meet specific criteria. Below we have listed the criteria that the CICA require you to meet before you can pursue a criminal injury claim;

  • Shorter time limit of two years (exceptions apply)
  • The crime must be reported to the police
  • You must cooperate fully with the police and the CICA
  • Your injuries must meet a certain value threshold
  • Criminal records may prevent you from claiming.

It is not only being physically attacked you can make a claim for. Sexual assault also falls under the umbrella of things you can make a claim for. For example, you may have been coerced, manipulated, or threatened into taking part in or observing sexual acts against your will. This can leave psychological damage for which you could be compensated.

Can I Sue Someone For Assault Without Pressing Charges?

As we have explained above you must have reported the assault to the police in order to make a claim for compensation through the CICA. You’ll receive a crime reference number that you’ll need to store safely so you can cite it when needed during the process of your claim.

However, to make a claim through the CICA the offender does not need to be convicted or even caught for you to be able to claim compensation for your injuries. It’s even possible to claim for your injuries without ever knowing the identity of your attacker. If you were to make a claim against the defendant for compensation then the procedure would be entirely different. 

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.

How Can I Receive Compensation For Being Attacked?

While you may be looking at pressing charges for assault in the UK, it’s important to note that the faulting party does not need to be convicted of a crime in order for you to claim. As previously mentioned, however, there are certain criteria that you must adhere to so you can make an assault claim through the CICA. This includes reporting the incident to the police and beginning the claim within two years (however, there are exceptions to this).

Evidence is very important when making any claim. Examples of evidence you could use include:

  • Footage of the incident. In some cases, you may be able to request CCTV footage.
  • Photographs of your injury.
  • Witness statements. You can take the contact details of any witnesses and a solicitor could take a statement at a later date.
  • Medical reports. A doctor will assess your injuries when treating you and this can be used as medical evidence.
  • Notes from your therapist, if you’re suffering from psychological trauma as a result of the incident. With your permission, this can be submitted as evidence to show that you’re suffering from such injuries as depression, PTSD and anxiety.

Whether you want more information about potential evidence or you want guidance about suing someone in the UK, please contact our team for free using the details above.

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.

Mental injuryDisabling, and confirmed by a clinical psychologist - lasting 28 weeks to 2 years£2,400
HearingPartial but permanent deafness in both ears£6,200
SightSerious and permanent blurred/double vision£13,500
FaceFractured jaw with a substantial recovery without surgery£1,500
NeckSerious and permanent disability£11,000
SkullA simple fracture that requires an operation£3,500
TeethThe loss of two or more teeth£1,500
ArmLoss of your non-dominant arm£33,000
FingerLoss of two or more fingers£11,000
HandOne hand fractured with ongoing, significant disability£3,500

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.

Can I Sue Someone For Assault With A No Win No Fee Solicitor?

All of the solicitors on our panel work with their clients on a No Win No Fee basis. This arrangement is as simple as it sounds. What it means is that if your lawyer fails to help you make a successful claim, you won’t be obligated to cover their fees.

If your claim is successful, then their fee is taken from your settlement amount before it reaches you. You’ll be made aware of the percentage in advance. 

Get in touch with us today: 

  • 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 

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?”