This guide will explain how to claim domestic violence compensation. If you are a victim of domestic abuse, you may be eligible to claim compensation for any physical and mental injuries you have endured.
The Criminal Injuries Compensation Authority (CICA) administers the Criminal Injuries Compensation Scheme, which compensates for domestic violence, and other types of criminal injuries, to those who have suffered mental or physical injuries following a crime of violence.
As part of a CICA claim, they’ll also award compensation to cover special expenses. However, in order to be eligible for domestic violence compensation, you’ll need to meet certain requirements. Continue reading to find out more. The CICA can award compensation to domestic violence victims in England, Scotland and Wales.
A solicitor from our panel may be able to help you claim compensation for your injuries. If you speak with one of our advisors and they feel you have a valid claim, they may be able to connect you with a criminal injury lawyer who can represent you.
To begin your claim, you can:
Select A Section
- When Could You Claim Domestic Violence Compensation?
- Types Of Domestic Abuse
- When Is Domestic Violence A Crime?
- Could You Claim Domestic Violence Compensation?
- How Much Compensation For Domestic Violence?
- Get Help And Support For Domestic Violence Compensation With A No Win No Fee Solicitor
You may be able to claim domestic violence compensation if you have been physically or mentally injured following a domestic violence incident. However, in order to claim through the CICA, you will need to fit the eligibility criteria.
The crime must have:
- Occurred in England, Scotland, Wales or another relevant place
- Been reported to the police
- Happened in the last two years (but exceptional circumstances can apply if you weren’t able to claim within this timeframe)
A member of our team can tell you whether you could have a valid claim for compensation through the CICA. They can handle your case with sensitivity and, if you have grounds to make a claim, could connect you with a lawyer from our panel. Get in touch for more information.
Domestic abuse can be split up into different kinds of abuse. We have explained some of these in greater detail below.
Emotional abuse occurs when someone attempts to control another person through manipulation or coersion. The CICA can pay out compensation for crimes of violence. As per the CICA Scheme 2012, a crime of violence includes a threat against someone where that person feared immediate violence and had reasonable firmness to experience this fear.
This means that, if your partner threatened you violently and you had reasonable grounds to think that you were in danger of being injured and you experienced mental injuries as a result, you may be able to claim domestic violence compensation.
Physical abuse is where someone injures you physically. This could include slapping, kicking, punching and biting. There are a number of different injuries you could sustain as a result of physical violence. They include:
- Broken bones, for example a fractured sternum or broken cheekbone
- Scarring such as facial scarring
- Soft tissue injuries
- Head injuries
- Burn injuries
- Eye injuries
Sexual abuse or sexual assault is sexual contact that is not consented to. Rape is where someone uses their penis to penetrate the mouth, anus or vagina of another person without consent. Sexual abuse is considered a crime of violence according to the CICA.
The following incidents are examples of sexual abuse:
- Unwanted touching or groping
- Digital penetration or performing oral sex on someone without consent
In some cases, an abusive relationship could include a combination of these different kinds of abuse. If you’ve been injured as a result of being abused in a relationship then you could receive domestic violence compensation from the CICA. Speak with an advisor today for more information.
What Are The Signs Of Domestic Violence?
According to the charity Victim Support, domestic abuse is a pattern of behaviour that is intended to exert control. Some of the signs include:
- Threats of physical violence
- Putting you down, either in private or while in public
- Physical violence, like slapping or punching
- Checking your phone and needing to know your whereabouts
- Controlling aspects of your life
- Forcing you to have sex or sexual contact
Domestic abuse could cause physical injuries if you’ve been violently attacked. For example, you could sustain broken bones, soft tissue injuries or scarring.
You could also sustain psychological injuries. For example, you might experience post-traumatic stress disorder as a result of the abuse, or you could suffer from depression or anxiety. The CICA can consider the value of any mental harm you experience when valuing your claim.
The Crown Prosecution Service (CPS) and the Domestic Abuse Act 2021 defines domestic abuse as abuse that occurs between two people who are personally connected. Two people do not have to be in a romantic relationship for domestic abuse to occur; it can also happen between family members.
It can include:
- Physical or sexual abuse
- Violent behaviour or threats
- Coercive control
- Economic abuse
- Psychological or emotional abuse
The Criminal Injury Compensation Authority can pay compensation to some domestic violence victims. However, the abuse you experienced must have been classed as a crime of violence according to the criminal injuries compensation scheme.
To make a domestic violence compensation claim, you must meet the following criteria:
- You must have been physically or psychologically injured because of domestic violence or abuse
- The crime must have happened in England, Scotland, Wales or another relevant place
- You must have reported the crime to the police
- You should begin the claim within two years of the incident occurring (however, exceptions can be made in some circumstances)
Can I Still Claim If The Defendant Has Not Been Convicted?
It is still possible to claim compensation for domestic violence if the defendant has not been convicted. However, as previously noted, when making a CICA claim, you’ll be required to meet the eligibility requirements.
Our advisors are available 24/7 to answer your questions. If you are not sure whether you are eligible to make a claim through the CICA, they can arrange a free consultation to determine your eligibility. They could also connect you with our panel of criminal injury solicitors.
For more information on your eligibility to claim, speak with an advisor today.
If your domestic violence compensation claim is successful, you can be paid up to two heads of claim. The first head of claim will cover the pain and suffering caused by your injury.
The compensation amounts in this table are based on tariffs from the Criminal Injury Compensation Scheme 2012.
|Nature Of Harm
|Physical assaults which have been intermittent and which have resulted in accumulated scalds, burns and wounds which have healed.
|Where there is a repetitive pattern of abuse and violence that has resulted in minor disfigurement
|A pattern of persistent and severe abuse over three or more years.
|Fractured shin bone
|On one leg, with continuing significant disability.
|Damage to cartilage, tendon, ligament
|Moderate damage to one leg with ongoing disability that is significant
|Fractures to both hips with a substantial recovery
|Repetitive and frequent abuse which is severe and follows a pattern. There may be more than one attacker and it could have taken place over a period of up to three years.
|Where there has been a similar pattern to the instance above, but where the assaults took place over more than three years.
|Sexual assaults which have resulted in serious and internal injuries.
|Sexual assaults which have resulted in mental illnesses which is permanently disabling. This has been confirmed by a psychiatric prognosis.
In addition, you may be eligible to receive special expenses. In order to claim special expenses, you will need to show that you lost earning capacity for at least 28 full weeks after your accident. You can also claim for a loss of earnings; however, unlike special expenses, this will not be backdated and you will only be compensated at the rate of Statutory Sick Pay (SSP) from the 29th week onwards. Other special expenses will be backdated to the date of the incident.
Examples of special damages include:
- Medical expenses
- Care expenses
- Mobility equipment expenses
- Home adaptation costs
- Travel expenses
- Loss of earnings or income
If you wish to claim domestic violence compensation, we can provide you with a skilled criminal injury solicitor to handle your CICA claim. Moreover, our lawyers can handle your compensation claim on a No Win No Fee basis.
You will not have to pay an upfront solicitors fee when making a No Win No Fee claim. A success fee will be deducted from your compensation payout in the event of a successful claim. If you are not awarded compensation, you will not have to pay your solicitor anything at all.
To begin your domestic violence claim, please get in touch with us right away:
We are looking forward to hearing from you.
We hope that this guide to claiming a domestic violence settlement has been helpful. Please feel free to read these other guides if you wish to know more.
If you have any more questions about claiming domestic violence compensation, speak with us today.
Article by AH