This guide will explore the question ‘can you claim compensation for domestic abuse?’. There are different avenues you could take to seek compensation. We will explore these in more detail throughout our guide, including the eligibility criteria for seeking compensation.

Additionally, we will explore the process of making a criminal injury claim, including the evidence you may require to support your case.

We will also explore the compensation you could be entitled to if your claim is successful.

Furthermore, you may find it beneficial to seek legal representation. This guide will discuss the benefits of hiring a No Win No Fee solicitor to represent your criminal injury claim.

Please continue reading to find out more. Alternatively, you can get in touch with a member of our team. They can provide further guidance and answer any questions you may have about seeking compensation.

To get in touch, you can:

• Call us on 020 8050 2736
• Contact us using our form
• Use the live support chat option at the bottom of this page.

Choose A Section

1. Can You Claim Compensation For Domestic Abuse? – A Guide
2. How Can I Make A Claim Through The CICA?
3. What Evidence Do You Need To Claim Compensation For Domestic Abuse?
4. Criminal Injuries Compensation – What Could I Receive?
5. Why Use No Win No Fee Solicitors When Seeking Criminal Injuries Compensation?
6. Learn More About Whether You Can Claim Compensation For Domestic Abuse

Can You Claim Compensation For Domestic Abuse?

According to the Crown Prosecution Service (CPS), domestic abuse can include any behaviour demonstrated by an offender to obtain control or power over another. As such, it is not always physical and can include emotional abuse.

The Domestic Abuse Act 2021 is a piece of legislation that aims to raise awareness about the impact domestic abuse can have on victims and their families. It states that a behaviour towards someone can be classed as domestic abuse if the two people are 16 or over and are connected to each other personally. The behaviour must also be abusive.

Examples of abusive behaviour, as per the Act 2021, can include:

• Behaviour that is coercive or controlling
• Physical or sexual abuse
• Behaviour that is threatening or violent
• Abuse that is psychological or emotional.

You could seek compensation for domestic abuse by making a claim against the perpetrator directly, if they are able to pay and have been identified.

If this is not possible, you could make your claim via the Criminal Injuries Compensation Authority (CICA). The CICA provide those who have been injured in a violent crime in Scotland, England or Wales, with a way to seek compensation.

For the purpose of this guide, we have focused on providing information on seeking compensation via the CICA. However, if you have any questions, please get in touch using the number above.

How Can I Make A Claim Through The CICA?

In order to claim compensation for domestic abuse via the CICA, you must meet certain eligibility requirements. These can include:

• Reporting the incident to the police.
• Showing that the incident happened in England, Scotland, Wales or another relevant place.
• Showing that you were injured in a crime of violence.

Additionally, you must ensure you adhere to the relevant time limits. Generally, you have two years to seek compensation. This typically starts from the date you reported the incident to the police which is something you are usually expected to have done straight away.

However, there may be instances where exceptions can be made. For example, if you can prove that exceptional circumstances prevented you from reporting the incident.

Furthermore, there may be instances where exceptions are made to the two year time limit you have to start your claim. Similarly, you will need to prove that exceptional circumstances prevented you from starting your claim.

Other exceptions could be made if the same roof rule applies to your claim. This rule prevented those who lived with the perpetrator as a family member from seeking compensation for incidents that occurred between August 1964 and September 1979.

In 2019, this rule was removed. As such, those who were prevented from seeking compensation had until June 2021 to make a claim, if one wasn’t already made. However, applications may still be considered if there are exceptional circumstances which prevented someone from applying before the deadline.

To learn more about how long you have to claim criminal injury compensation, call us on the number above.

What Evidence Do You Need To Claim Compensation For Domestic Abuse?

If you make your claim via the CICA, they may ask you to provide the following:

• Proof that you meet the residency requirements
• Medical evidence that proves you suffered an injury that can be compensated
• Evidence of any lost earnings or special expenses.

It’s important to note that if you claim directly against the perpetrator, the evidence you are required to provide may differ.

To learn more about making a claim for compensation for domestic abuse, get in touch on the number above.

Criminal Injuries Compensation – What Could I Receive?

The Criminal Injuries Compensation Scheme 2012 sets out a fixed tariff of injuries. If you are eligible to receive compensation, you will receive a payment for your injuries. If you have more than one injury, your claim may be subject to the multiple injury formula. As such, you will receive:

• 100% of the full tariff value for the most serious injury
• 30% for the injury that is the second most or equally as serious
• 15% for the injury that is the third most or equally as serious.

Whilst the Scheme can only award compensation for a maximum of three injuries, you could receive additional tariff payments if you have become pregnant, lost a foetus or contracted a sexually transmitted disease as a result of the violent crime.

We have included figures from the tariff outlined in the Scheme below. You can use this table as an alternative to a criminal injury claim calculator.

Injury	Notes	Award
Eye	Double or blurred vision that is permanent and serious.	£13,500
Elbow	Both elbows are dislocated or fractured causing an ongoing significant disability.	£11,000
Skull	A depressed skull fracture that requires an operation.	£4,600
Physical abuse, including domestic abuse, affecting adults	Serious abuse: Physical assaults that are intermittent and result in an accumulation of wounds to the head, burns or scalds. There is no appreciable disfigurement.	£2,000
Physical abuse, including domestic abuse, affecting adults	Severe abuse: A pattern of repetitive violence that results in disfigurement that's minor.	£5,500
Physical abuse, including domestic abuse, affecting adults	A persistent pattern of severe abuse that lasts for more than 3 years.	£8,200
Physical abuse, including domestic abuse, affecting children	Minor abuse: An isolated or intermittent assault that results in weals or hair pulled from the scalp.	£1,000
Physical abuse, including domestic abuse, affecting children	Severe abuse: A persistent pattern of violence that is repetitive and results in multiple injuries of a moderate nature or minor disfigurement.	£5,500
Physical abuse, including domestic abuse, affecting children	Severe abuse: A pattern of repetitive violence that is persistent and results in multiple injuries that are significant.	£8,200
Physical abuse, including domestic abuse, affecting children	Severe abuse: A pattern of repetitive violence that is persistent and results in multiple injuries that are severe.	£13,500

Please note, if you make your claim directly against the perpetrator, the compensation you’re awarded will differ.

What Else Could I Receive When I Make A Claim Via The CICA?

You may also be awarded a payment for loss of earnings if you are unable to work as a result of the criminal injury.

However, to be eligible, your injury must have been serious enough to have completely prevented you from carrying out any paid work or caused you to have a very limited capacity to do so for at least 28 full weeks. You will receive a payment for loss of earnings from the 29th week.

Additionally, you may also receive payment for costs that have incurred as a result of the injury. These are known as special expenses.

However, you must be able to prove that you lost earnings or the capacity to earn for more than 28 weeks. This will be paid from the date of the injury. Examples of special expenses can include:

• Damage or lost property or equipment that you relied on as a physical aid.
• Adaptations required to your accommodation.
• The cost of care relating to your bodily functions or meal preparation.

The expenses must be reasonable, unavailable for free elsewhere and necessary due to your injury.

For more information on how much you could be awarded when you claim compensation for domestic abuse, please get in touch on the number at the top of the page.

Why Use No Win No Fee Solicitors When Seeking Criminal Injuries Compensation?

A No Win No Fee solicitor from our panel could offer you a Conditional Fee Agreement (CFA). This typically means that you won’t be required to pay them for their services upfront, while the claim is ongoing or if the claim fails.

If your claim is a success, you will pay a legally capped percentage of your compensation. This is known as a success fee.

To learn more about whether a solicitor from our panel could help you claim compensation for domestic abuse, get in touch using the details provided below.

Contact Us Today For A Free Consultation

To learn more about making a claim for criminal injuries compensation, please get in touch with our advisors. They can provide further guidance on your potential claim and answer any questions you may have.

You can contact them by:

• Calling us on 020 8050 2736
• Filling out our ‘claim online‘ form
• Using the live support chat option at the bottom of this page.

Learn More About Whether You Can Claim Compensation For Domestic Abuse

Below, we have provided some useful external links relating to criminal injury claims.

• GOV – Domestic abuse – How to get help
• Victim Support – Help and support
• NHS – Getting help for domestic abuse

Additionally, we have provided some of our other guides.

• What is the average payout for an assault at work?
• Claim compensation for a stabbing
• Sexual assault claims – How to get compensation
• Claiming for broken nose assault compensation

We hope this guide on how to claim compensation for a domestic abuse has helped. If you have any questions, please get in touch using the details provided above.

Writer Jeff Wallace

Editor Meg Maloney