Domestic Violence Solicitors

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Working With Domestic Violence Solicitors

This guide will explain how to work with domestic violence solicitors to claim compensation. Domestic violence means violence in a domestic setting. This can be between people who are married or cohabiting, but also between family members.

If you have experienced domestic violence, you may be eligible to claim compensation. The Criminal Injuries Compensation Authority (CICA) is a government-sponsored agency set up to compensate people who have experienced physical and psychological injuries because of violent crimes. In some circumstances, you might be able to claim through the CICA.

Legal Expert’s team of solicitors for domestic violence can handle your claim to make sure you receive the right amount of compensation. Your solicitor can also inform you of your legal rights and offer guidance throughout the process.

To see if you can start a compensation claim for domestic violence, please get in touch with Legal Expert today:

  • Call our claims helpline on 0800 073 8804
  • Claim online using our online form
  • Speak with us using the live chat feature on this page

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What Is Domestic Violence?

According to the Government’s domestic violence definition, this kind of violence is classed as any incident or pattern of behaviour that is controlling, coercive or threatening between people aged 16 and above. It can happen between people who are or have been intimate partners or family members and can involve people of all genders and sexualities.

Domestic violence can include physical violence such as punching, kicking and biting. It can also include sexual violence, such as groping, sexual assault and rape.

You may also be able to claim compensation if you were threatened in a way that caused you immediate fear of violence in circumstances that would cause you to reasonably believe this. This is classed as a crime of violence in Annex B of the Criminal Injuries Compensation Scheme 2012.

Domestic violence is never acceptable and is never the victim’s fault. If you are experiencing domestic violence, help is available. If you’d like more information about claiming for the harm you experienced, speak with one of our advisors today.

Signs Of Domestic Violence

There are various signs that you can look out for to spot if you might be a victim of domestic violence. They include:

  • An attack that involves slapping, hitting, punching, biting and kicking
  • Being choked or held down
  • Threats from the abuser to hurt or kill themselves or the children
  • Threats to hurt or kill you
  • Touching you in a way you don’t want
  • Unwanted sexual demands
  • Pressure to have sex, or to have sex on terms that you don’t want (for example, forcing you to have sex without a condom)
  • Feeling isolated and cut off from friends and family members

If you know someone who is the victim of abuse, and they confide in you, there are certain ways that you can support them. They include:

  • Listening in a way that is free of blame
  • Give them time to talk (but don’t push them if they would rather not discuss the situation)
  • Ask if they have sustained physical harm and, if so, offer to go with them to a GP or hospital
  • If they decide to report to the police, then help them to do so

For more information on whether you could have a valid claim, get in touch today. You could be connected with one of our domestic violence solicitors.

Can You Claim For Domestic Violence through The CICA?

The Criminal Injuries Compensation Authority is an executive agency that compensates people injured by a violent crime. They are sponsored by the Ministry of Justice.

In order to claim compensation through the CICA, the crime must have happened in England, Scotland, Wales or another relevant place. Furthermore, you must have reported it to the police as soon as possible. This is usually straight away, but there are circumstances where a claim could be considered if exceptional circumstances stopped you from reporting it right away.

There is a general time limit for making a claim through the CICA. This is usually two years from the date of the incident. However, like with reporting the crime to the police, there are exceptions that can be made if exceptional circumstances apply.

Furthermore, you might have experienced physical or sexual abuse when you were a child. Children cannot pursue their own claims; a parent or guardian needs to do this. If you turn 18 and a claim has not been made, but the crime was reported, then you have 2 years from your 18th birthday to claim. If the crime was not reported, then you have two years to claim from reporting it (which should be done as soon as possible).

Claiming through other channels

In some cases, you might be able to claim compensation directly from the person who committed the crime. However, in order to do this, you would need to know who they are and they would need to have the funds available to pay you compensation. When claiming through the CICA, there’s no requirement for the assailant to be convicted or identified in order for you to claim.

There are other criteria to consider, for example, whether a criminal record might impact your ability to claim. Get in touch with us today for more guidance.

Providing Evidence Ahead Of Making A Claim With Domestic Violence Solicitors

As we have mentioned, you must meet these criteria to claim compensation for domestic violence:

The police report from the incident will go some way to supporting your claim. However, you might also be asked to provide other evidence, too.

For example, you might be asked to show:

  • Proof that you’re eligible to claim according to the residency criteria
  • Medical evidence in support of your injuries; and
  • Evidence to support a lost earnings claim

Before the medical report is obtained, you might also need to provide confirmation from the police that:

  • You reported the incident to them
  • Your behaviour did not contribute to the injuries you sustained
  • You cooperated with the police in the course of your investigations

If you’re not able to show any of the above, then you may find it difficult to receive compensation.

Help For Those Suffering From Domestic Violence

If you are in immediate danger of harm through domestic violence, you can call 999 for the police. You may be asked to cough or tap the phone if you cannot talk.

Another option is to call the National Domestic Abuse Helpline, operated by the charity Refuge.

If you sustain physical injuries, you may need medical treatment. Moreover, if the abuse has harmed you mentally, you may need counselling to help you come to terms with your trauma. Your compensation payout can help to pay for any medical treatment you may need that is not provided by the NHS.

For more information on how a solicitor could be of use to you when you’re looking to make a claim for domestic violence, speak with one of our advisors today. They could connect you with one of our No Win No Fee domestic violence solicitors.

Domestic Violence Statistics

How prevalent is domestic violence today? The latest findings from the Office for National Statistics (ONS) give us valuable insight into how common domestic abuse is in England and Wales. The statistics below are from the Crime Survey for England and Wales.

The following statistics reflect 12 months, ending in March 2020:

  • According to the Crime Survey for England and Wales, 2.3 million adults experienced domestic abuse. These numbers represent a slight decrease from the previous year.
  • During this period, 1.6 million women and 757,000 men experienced domestic abuse.
  • The police in England and Wales recorded 758,941 instances of domestic abuse, excluding the Greater Manchester Police force.
  • The number of domestic abuse instances recorded by police rose by 9%, compared to the 12 months ending March 2019. It is thought that the increase is caused by more victims coming forward as well as improved recording practices by police.

For more information on how domestic violence solicitors could help you secure compensation through the CICA, speak with one of the advisors on our team today.

How Do Domestic Violence Solicitors Calculate Compensation?

If your CICA claim is successful, then you will receive compensation for your injuries. The compensation is for the pain, suffering and loss of amenity caused by your physical and psychological injuries.

You can use the table below to see how much your injuries could be worth. These figures come from the Criminal Injuries Compensation Scheme 2012.

Type Of Injury Degree Of Severity Comments Payout
Brain injury Minor Good recovery and ability to socialise. Lasts for 6 months up to 2 years. £16,500
Brain injury Moderate Moderate dependence on others, intellectual deficit, change in personality. £55,000
Loss of eye One eye Where one eye has been entirely lost £27,000
Burns Moderate Causing moderate disfigurement to the face. £3,500
Jaw bone fracture No operation needed With continuing significant disability £3,500
Jaw bone fracture No operation needed With a substantial recovery £1,500
Skull fracture Depressed Requiring surgery £4,600
Skull fracture Simple No surgery required £3,500
Elbow injury Dislocation or fracture to single elbow Resulting in continuing significant disability £6,200
Elbow injury Dislocation or fracture to single elbow Substantial recovery £1,500

You might need to provide medical evidence in support of the severity of your injuries, where this is appropriate. You won’t be expected to pay more than £50 for the evidence you need in support of your claim.

The CICA may be able to cover the cost of this where you cannot. For example, they may be able to pay for medical negligence if you’re in receipt of certain benefits, have low income or don’t earn enough to qualify for Statutory Sick Pay (SSP).

Please call our claims helpline, and an advisor can accurately estimate how much compensation you could claim. If your case is valid, then they could connect you with one of our domestic violence solicitors to work on your claim.

Two Strands Of Compensation

Your CICA criminal injuries claim can also include another head of claim called special expenses. Special expenses aim to compensate you for the costs incurred as a result of your injuries.

In order to claim special expenses, you must have lost out on earnings for more than 28 weeks after the incident. However, the value of the special expenses will be considered from the date of the accident.

Special expenses must be:

  • Necessary;
  • A direct result of the injury you are claiming for; and
  • Reasonable

Special Expenses

Examples of costs that special expenses can include are:

  • Property or equipment that belongs to you and that you used as a physical aid that was damaged in the incident. For example, you could claim back the cost of a hearing aid, glasses or a walking stick
  • Treatment that you have had to pay for on the NHS
  • Special equipment like walking aids or wheelchairs where these are necessary and unavailable for free from elsewhere
  • The cost of care relating to bodily functions, preparation of meals and supervision. However, this should not be available free of charge from elsewhere

You can also claim back a loss of earnings. Like special expenses, you will need to show that you lost out on earning capacity for 28 full weeks after the incident because of your injuries. However, this will not be backdated to the date of the incident; you will only receive compensation from week 29 onwards.

What Steps Should I Take If I Suffer Domestic Violence

If you have been the victim of domestic violence, there are certain steps that you can take in preparation to making a claim:

  • Seek medical attention. If you have been injured, then you should make sure that you receive the treatment you need. This can also generate medical records, which the CICA may request as part of your claim.
  • Report the incident to the police. We recognise that this can be a difficult thing to do, and you might not be in a position to report the incident right away. However, you cannot claim if you did not report the incident.
  • Collect evidence of costs. You will need evidence for anything that you are looking to claim through special expenses. As well as proof that you have incurred these costs, you’ll need evidence that you can’t get them free of charge from elsewhere.

For more information on how to support a claim for compensation, speak with one of our advisors today. They can advise you on the benefits of working with domestic violence solicitors.

Using No Win No Fee Solicitors For Domestic Violence Claims

Claiming compensation for domestic violence can be an upsetting experience. For this reason, we recommend that claimants work with domestic violence solicitors. Their experience with these kinds of claims can ensure that your compensation covers all aspects of the harm you were caused, Furthermore, they can handle your claim sensitively.

With a No Win No Fee agreement, you don’t need to pay your solicitor anything in order for them to start work on your claim, or as it progresses. If your claim fails, then you won’t pay your solicitor anything.

If you are successful in your claim, however, you will pay your solicitor a “success fee”. This is legally capped and means you will receive the majority of your compensation.

To learn more about making a No Win No Fee criminal injury claim, get in touch with our team today.

Why Could You Use Legal Expert For A Claim?

If you have experienced domestic violence, you may be able to make a criminal injury claim. There are a number of benefits to getting in touch with us today to see if you could start your claim:

  • Our solicitors for domestic violence have solid experience handling criminal injury compensation claims.
  • What’s more, your solicitor will assess your case in-depth to ensure that you include everything relevant in your claim.
  • Your claim can be handled on a No Win No Fee basis, which reduces the financial risk usually associated with claiming with legal representation.

How To Get In Touch About A Claim

To begin your compensation claim, please get in touch with Legal Expert today.

More Information On Working With Domestic Violence Solicitors

Below, you can learn more about CICA claims via our other guides:

Domestic Violence Helplines And Support

Refuge offer guidance relating to domestic violence

The NHS offers advice on getting help for domestic abuse provides guidance on how to report a crime

If you’d like more advice on finding domestic violence solicitors, speak with us today.

Written by Chelache

Edited by Stocks

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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