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I Was Attacked On A Night Out, Can I Claim Compensation?

By Stephen Hudson. Last Updated 12th May 2023. A night out on the town should not be tainted by the fear of being attacked. But sadly, some people are attacked on a night out. If you are attacked while out in the evening, the trauma of the incident might have left you with psychiatric injuries, such as post-traumatic stress disorder (PTSD). Moreover, a violent or sexual assault may have left you with physical injuries as well.

Attacked on a night out claims guide

Attacked on a night out claims guide

You can sometimes claim compensation for being attacked. Indeed, you can make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA). You will claim compensation for physical or psychological injuries you sustained. Moreover, even if the police never identified or prosecuted the assailant, you can still claim compensation.

Please get in touch with Legal Expert today to enquire about claiming compensation for an assault that happened on a night out.

  • Call us on 0800 073 8804
  • Begin your claim online, using our website
  • Or you can pose a question to us using the Live Help widget

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What Is An Attack On A Night Out?

An attack is, by definition, an aggressive or violent act against a person. Attacks and assaults can happen to men or women and people of all backgrounds. Violent crimes can take the form of an attack in the street or a bar assault. If you suffered a violent attack on a night out, you might have psychological injuries, such as ongoing problems with anxiety. Moreover, your physical injuries may have had a detrimental effect on your quality of life.

You may be eligible to claim criminal injury compensation from the CICA. On the other hand, a venue may have liability for the assault. Under the Occupier’s Liability Act 1957, businesses are responsible for the health and safety of their patrons.

Therefore if a patron experiences a nightclub assault because the venue breached its duty of care, the nightclub may be liable for the victim’s injuries.

Please feel free to call us, and an advisor can recommend which course of action to take.

Types Of Attacks And Assaults

Below are some different types of offences against the person:

  • Grievous Bodily Harm (GBH) is an assault which results in a serious injury.
  • Actual Bodily Harm (ABH) is an assault which results in a lesser injury.
  • Common assault involves unlawful violence.

Offences against the person include sexual offences such as rape and sexual assault. Moreover, fatal offences including murder and manslaughter are considered offences against the person.

If you experienced rape or sexual assault on a night out, you may have suffered physical injuries. However, sexual attacks can be deeply traumatic. So the sexual assault may have caused long term psychological damage. For example, you may now suffer from anxiety or depression because you were sexually abused.

Criminal Injury Claims For Attacks And Assaults

If you were injured after being attacked on a night out, you might be eligible to make a criminal injury claim. Criminal injury claims can be made through the Criminal Injuries Compensation Authority. The CICA is a government agency, which compensates people injured by violent crimes.

You can claim criminal injury compensation if a criminal attacked you and you sustained injuries. These injuries can be physical injuries or psychiatric injuries such as PTSD. Moreover, you can claim compensation through the CICA, even if the police have not identified or prosecuted the attacker. However, the Criminal Injuries Compensation Authority require claimants to cooperate with the police at all times. Failure to cooperate with the police will mean that you may not be able to make a criminal injury claim through the CICA.

You can claim compensation for your physical and mental injuries. Moreover, you can receive compensation for loss of earnings and expenses after the attack (there are specific criteria here). The time limit to claim compensation for an assault or an attack is normally two years through the CICA.

How To Claim If You Were Attacked On A Night Out

If you were attacked on a night out, you could do the following to gather evidence to claim compensation:

  • Always see a medical professional regardless of how minor you think your injuries are.
  • Report the crime to the police if you have not done so already.
  • Gather evidence to support the claim, such as CCTV footage from a street attack.
  • You may attend a medical assessment, whereby a physician will examine your injuries. Your solicitor will use the medical report from your assessment to value your claim.

To begin your compensation claim contact Legal Expert today for free legal advice. We can advise you whether you would be able to make a criminal injury claim through the CICA.

What Could You Claim If Attacked On A Night Out?

If an attack on a night out injured you, you might be eligible to claim compensation. What avenue you claim through will affect how much you can claim and what you may be eligible to claim. If your claim is against a nightclub or the attacker then what you claim will be different to what figures are in the table below

You can use the table as an insight into the compensation that is provided through the CICA.

Edit
Form Of Injury Description Of Injury Level Damages
Fractured Vertebra Affecting several vertebrae and which causes significant disability. A7 £6,200
Fractured Vertebra Affecting a single vertebra and continuing, significant disabilities. A5 £3,500
Fractured Collarbone Affecting both clavicle bones. Causes significant and continuing disability. A6 £4,600
Fractured Collarbone Fracture of a single collarbone. A4 £2,400
Fractured (Thigh Bone) Femur Fracture of both legs which causes significant disability. A8 £11,000
Fractured Tarsal Bone One foot and leading to significant disability. A7 £6,200
Fractured Hip Fracture of one hip and continuing (significant) symptoms. A8 £11,000
Dislocated Jaw Continuing and symptoms which cause disability. A5 £3,500
Jaw Bone Fracture A jaw fracture which does not need an operation or surgery. A5 £3,500
Multiple Facial Fractures Multiple types of fracture of the face. A8 £11,000

We used the Criminal Injuries Compensation Scheme 2012 to create the compensation amounts in the table. However, the compensation amounts only look at the injury, not any financial losses you may have experienced. This will be calculated separately and added on. So your settlement may vary depending on your circumstances. Please feel free to call our claims helpline, and an advisor can estimate how much you can claim.

Compensation For Assault – What Are Special Expenses?

When claiming compensation for assault through the CICA after being injured in a fight in a nightclub, you could be compensated for your special expenses.

Under special expenses, you could receive compensation for:

  • Any equipment that was damaged in the incident that you relied on as a physical aid, such as your hearing aids.
  • Adaptations to your home, such as adding a ramp or stairlift.
  • Care costs that relate to your bodily functions or food preparation.
  • Any equipment that you need to cope with your injuries, such as a specially adapted car.

All of these costs need to be necessary, directly resulting from the injury and reasonable. They also cannot be available for free elsewhere.

Additionally, you may be able to claim for a loss of earnings. However, you will need to meet specific criteria.

To learn more about criminal injury claims or the criteria you must meet to claim for a loss of earnings, contact our advisors today.

Start A Claim For Being Attacked On A Night Out

To begin your claim for being attacked on a night out, why not contact Legal Expert today. If we believe you are eligible to claim compensation for an attack, we will provide you with a skilled lawyer to handle your claim.

All cases that our solicitors take on will be worked on a No Win No Fee basis.

No Win No Fee Agreements or Conditional Fee Agreements generally mean:

  • No upfront solicitor fee
  • No fees while the case progresses
  • If the case wins, a capped percentage of the settlement
  • If the case fails, no percentage to pay.

To begin your criminal injury claim for assault, please contact us today. We understand that these matters can be difficult for some people to discuss, so we will handle your call sensitively.

  • 0800 073 8804 to speak to a claims specialist
  • Or claim online via our website
  • Alternatively, please type a question into our Live Support widget

Criminal Injury Claim Resources

Sexual Abuse Victims During Coronavirus Lockdown, Could I Claim Compensation?

What Is The Maximum Award That A Victim Can Claim From The Criminal Injuries Compensation Authority?

Compensation For Robbery Victims Claims Guide

How to make a criminal injury claim from the CICA

A government guide to your rights after a crime

Report a crime incident to the police online

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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.