Domestic Abuse Compensation Claims

Domestic Abuse Compensation Claims

Domestic Abuse Compensation Claims

Domestic abuse is, sadly, all too common, taking many forms, with long lasting impact upon the victim survivor of domestic abuse. Although the criminal justice system may bring the perpetrator of the domestic abuse to account for their behaviour, this does not result in a direct benefit to the victim. The victim survivor needs to be recognised in respect of the harm caused by domestic abuse and therefore domestic abuse compensation is available, which means they can secure justice and a financial remedy for themselves. Survivors must be empowered to take back control of their lives which, in part, they can do so be securing domestic abuse compensation. Violent men are not entitled to women’s silence.

We specialise in acting for victims of assault, including domestic abuse, in all its forms and therefore can help you to obtain domestic abuse compensation, on a “no win, no fee” basis, so you do not have to worry about legal costs.     We handle such claims with sensitivity. We stand up for the survivors of domestic abuse, ensuring that the abusers pay for their behaviour.  There are time limits to pursue domestic abuse claims so do not delay: contact us today. We offer a free initial conversation. We can provide domestic violence legal advice.

Either fill in our online enquiry form, email us at enquiries@ibbclaims.co.uk or telephone on 0333 123 9099. We are domestic violence solicitors, pursuing domestic abuse compensation.

What is domestic abuse compensation?

Women’s Aid defines domestic abuse “as an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, in the majority of cases by a partner or ex-partner, but also by a family member or carer”.

Domestic abuse can include, but it is not limited to, the following behaviours:-

  • coercive control (a pattern of intimidation, degradation, isolation and control with the use of threat of physical or sexual violence)
  • psychological and/or emotional abuse
  • physical or sexual abuse, including rape
  • financial or economic abuse
  • harassment and stalking
  • online or digital abuse

The definition of domestic abuse is much wider than many people think.

Domestic abuse is not confined to physical or sexual abuse of a partner, but the abuse may also be against children.

Will I need to go to court to claim compensation for domestic abuse?

The vast majority of claims for compensation are settled without having to go to court. An agreement is reached with the perpetrator, the abuser, to pay a sum of money to the victim survivor, to reflect the harm caused and the long term impact of domestic abuse. Well over 90% of cases are settled without an individual having to attend court, to secure financial compensation for the harm caused by the abuse.

If it is necessary to start legal proceedings, on your behalf, to ensure you receive full compensation for the domestic abuse and domestic violence, we will take the necessary steps to ensure you receive justice. Legal proceedings can be commenced without you, the victim survivor of domestic abuse, having to go to court. Much of the process, is carried out on paper and with court hearings that do not require personal attendance of the victim. The only time the victim survivor is likely to be required to attend court is if a settlement cannot be reached with the abuser.

Whether legal proceedings are necessary or not, we will provide committed representation, to ensure you recover the maximum amount of compensation possible. At the same time, we will provide sympathetic personal support to make the process as easy as possible for you, to reduce anxiety and worry that you may have.

What types of domestic abuse can you claim for?

  • Physical abuse
  • Emotional abuse
  • Financial abuse
  • Verbal abuse
  • Mental abuse
  • Psychological abuse
  • Sexual abuse
  • Coercive control
  • Tech abuse

How to claim compensation for domestic abuse

Claiming compensation from the abuser

Although compensation can be ordered in the criminal court, these are for small sums of money and do not fully reflect the harm caused to the victim. A much better outcome, in financial terms, is likely to be achieved by making a domestic abuse compensation claim against the abuser.

The first step is to contact a specialist solicitor, a domestic solicitor and physical abuse solicitor, who is able to help you, to act on your behalf, to obtain full compensation. If successful, you will be entitled to compensation for the physical and psychological abuse suffered during the period of abuse, plus the long-term effects of that abuse, whether psychological or physical. In addition, it may be that you have suffered financial loss, for example not being able to work, as a consequence of the harm, in which case a claim for loss of earnings to represent the period of absence from work. You may also be entitled to claim other expenses, perhaps the cost of private medical treatment from a counsellor or therapist, to enable the you to address the symptoms which continue to cause distress.

There is not a specific amount of compensation to which victim survivors of domestic abuse are entitled to, as each case, each amount of compensation is determined by the individual effects of the abuse on a particular person. Depending upon what the nature of that abuse is, the award may range from a few thousand pounds to £20,000 and beyond: it will always depend upon the precise facts of the case. In some cases, it may be substantially more.

Having identified a specialist domestic abuse solicitor, make contact as soon as possible to maximise your prospects of success, particularly as there are time limits for pursuing claims. At the initial free consultation, we will advise you on your prospects of making a successful domestic abuse compensation claim. We will advise you on the steps that need to be taken to obtain compensation once you have reflected on whether you wish to proceed. We will progress the claim as quickly as possible.

Claiming compensation under the government scheme

In addition to pursuing a claim for domestic abuse compensation from the abuser, a criminal injuries compensation scheme claim can also be made. The claim is made under the Criminal Injuries Compensation Scheme, to the Criminal Injuries Compensation Authority.  However, as this is a government backed scheme the compensation does not fully reflect the harm caused to the victim and therefore the more attractive route, financially, is to pursue a domestic abuse compensation claim directly against the abuser.

Indeed, the government scheme makes clear that the compensation they provide is to show public recognition of the harm that someone has suffered, as a consequence of a crime of violence (including domestic abuse), but certainly does not provide full compensation.  However, in some cases, criminal compensation is the only route to obtain justice and therefore should not be overlooked. As domestic violence lawyers, we can also assist to secure the maximum compensation under the scheme.

Legal costs of making a domestic abuse compensation claim

We will advise you on the alternative ways to fund a domestic abuse compensation claim, the most popular being a “no win, no fee” agreement, meaning you do not have to pay any legal costs up front and will only make a contribution to the legal costs of pursuing the compensation claim, at the end of the case, and only if you succeed. If we are unable to recover compensation for you, from the abuser, there is nothing to pay.

If you would like to know more about how to make a claim for domestic abuse compensation and have more information about a “no win, no fee” agreement, email us at enquiries@ibbclaims.co.uk or telephone on 0333 123 9099.

What are the time limits for domestic abuse compensation claims?

To pursue a claim against the domestic abuse offender a claim must be made within three years of suffering the abuse. Where the abuse, in most cases, has occurred over a period of time, the three year time period runs from the end of the domestic abuse.

The time limit for claims for compensation under the Criminal Injuries Compensation Scheme is two years from making a report to the police.

Although two or three years may seem a long time, it is important to pursue the claim at the earliest possible date, not only to obtain compensation as early as possible, but to ensure valuable evidence is not lost and that the abuser can be pursued.

How to start a domestic abuse compensation claim

Complete our online enquiry form, email us at enquiries@ibbclaims.co.uk or telephone on 0333 123 9099. We will explain how we can help you but will not, in our first conversation, ask you intimate details as to the nature of the domestic abuse. That information is not required, to enable us to tell you during the initial FREE consultation what your prospects are, of pursuing a successful domestic abuse compensation claim.

If you would like to make a claim, we will talk to you about legal costs, including a “no win, no fee agreement” and explain how this works and your various options to fund the compensation for domestic abuse. We will explain what action we need to take in order to pursue a successful claim. We will be with you all the way, fighting your corner and securing justice for the harm that the abuse has caused.

Our expertise with abuse compensation claims

We regularly ask for feedback from our clients. Here is what others say about us.

“My experience with IBB solicitors was fantastic, my case was a very sensitive one dating back to my childhood but was dealt with in a way that I could only have wished for”.

“Precise information to me on time and at all times. Really felt they were getting the best result for me”.

“Malcolm Underhill-professional, knowledgeable, and sensitive to my needs during this distressing case. A joy to work with.”

“My experience with IBB Solicitors was excellent from the first phone call right until the end. They don’t give up. They fight all the way to get you justice. Malcolm Underhill took my case and ran with it…”

"We will be forever grateful for your kind and sensitive handling of (the) case and I will, of course, have no hesitation in recommending you and IBB to any other unfortunate individual
should we come across them."

“I would recommend IBB Solicitors as they were very clear from the beginning as to the process, timescale and commitment required to obtain a positive outcome. They were also instrumental in providing the platform for me to work through the experiences I had been through by putting me in touch with the right professional persons”

(Malcolm Underhill) “always very considerate, supportive and encouraging from the outset and always had a positive opinion that I could work through this and come out with a more positive mind frame. I truly believe Malcolm had as much interest in my personal well-being as he did in obtaining the compensation fee. Without Malcolm’s consistent support and guidance to me and my parents, I am sure I would not be in the positive position I find myself in today”.

“My experience with IBB solicitors was fantastic, my case was a very sensitive one dating back to my childhood but was dealt with in a way that I could only have wished for”.

IBB solicitors are recommended because of providing “concise and precise information to me on time and at all times. Really felt they were getting the best result for me”.

(Malcolm Underhill) - “professional, knowledgeable and sensitive to my needs during this distressing case. A joy to work with”.

(Malcolm Underhill) - “polite, understanding, thoughtful at all times. Proved to be on my side very successfully…a person I would wish fighting on my side……….honourable and worth my trust”

“I am very glad I chose IBB Law as I had a pleasant experience and found the staff to be informative throughout my claim.”

“A truth worthy company; overall I had a good experience. I am very grateful for the help I have received. I would recommend to anyone who is unsure about which company to go with, who may not have knowledge on what they are entitled to.”

“Malcolm Underhill, he did a fantastic job on advising with decisions and overall a pleasant person to speak to. I would have a response to emails and my questions were answered. As someone who did not know much about seeking a solicitor, I am very happy with the outcome. Malcolm worked hard on my case and the outcome was better than I had expected. I was explained anything I did not understand and advised where needed.”

“Professional from the start, gave 100% to our case”.

“I wasn’t just a number to IBB Law, they were truly committed to getting justice for me”

“Malcolm Underhill was all about getting justice, working after hours to call me when it was suitable for me to be called in the evening. Very passionate on getting justice, spoke in a way we could understand, not law jargon.”

“IBB provided very professional advice to me throughout my claim. I was kept very well informed with excellent communication from Malcolm and his team.”

“Malcolm Underhill represented me throughout my case with great integrity and understanding. I felt very confident when Malcolm offered me his knowledge and advice.”

“Highly satisfactory”.

“Fantastic service with compassion”

“Never gave up and believed in me”

“All team members were amazing”

"He [Malcolm Underhill]was very good at keeping in touch and explaining everything to me."

“I found them great at leading me through the minefield of personal injury claims”.

What should I do if I am in immediate danger of domestic abuse?

If you feel in immediate danger, it is important that you telephone the police (999 and press 55). Alternatively, you can go to your local Boots or independent chemists and say the word “Ani”. You will be taken to a private room and asked if you want them to call the police or domestic abuse helpline. “Ani” stands for Action Needed   #ActionNeeded.

There are a number of organisations and charities available for those in need of immediate help and long term support. Whether local or national, these groups are able to provide excellent support, a few of which are listed below:-

What other protection can I get?

We can help you in respect of applications for a non-molestation order, an occupation order and restraining orders.  Speak to one of our specialist lawyers.