If you've been the victim of a physical attack or threat, you can make an assault compensation claim.

In UK law, "assault" is an umbrella term that covers everything from verbal threats to a disabling attack. These offences are covered by the Offences against the Person Act 1861, the Criminal Justice Act 1988 and the Crime and Disorder Act 1998.

There are three broad categories of assault:

• Common assault. This is when a person attacks someone else – or makes them think they're going to be attacked. A raised fist or spitting can fall under this category.
• Actual bodily harm (ABH). This is when the assault has hurt or injured the victim. The injury doesn't have to be permanent and it can be psychological – but it must be more severe than common assault. It may have led, for instance, to short-term wounds, stitches or bruising.
• Grievous bodily harm (GBH). This is a step up from ABH and involves serious physical harm. As with ABH, it doesn't have to be a permanent disability and can be psychological. It could also be a sexual infection. There are two types of GBH – with and without intent.

What does a personal injury claim take into account?

If you make a personal injury claim based on a criminal attack, your solicitor will want to know:

• The physical and psychological harm that it has caused.
• Whether it has led to any loss of earnings.
• Whether it has had any long-term effects on your quality of life.

There are two routes you can go down. One is a civil assault claim, the other is through the Criminal Injuries Compensation Authority (CICA). Compensation through the first method rests on your attacker's conviction, whereas the second method seeks compensation regardless of sentencing.

Making a civil assault claim

This is when you make a case in court against your attacker. If the judge finds them guilty, the attacker will compensate you.

This process can be difficult to get off the ground – especially if you don't know your attacker. It can also be emotionally turbulent as you have to be in the same room as them.

Civil claims work much like other personal injury claims. A personal injury solicitor supports you to gather evidence. This will include:

• Medical and police reports.
• Witness statements.
• Evidence of lost earnings. This could include transport taken for medical treatment as well as time off work.
• CCTV footage.

They also calculate how much compensation you're owed.

The claim against your attacker begins. Waiting times for criminal trials are long, so it won't be a quick win.

There's a time limit to make an assault claim, too – usually two years. However, if the psychological damage caused by your attack is such that two years isn't long enough, the courts may make an exception. Also, if the assault took place before your 18th birthday, you can claim for two years after your 20th.

Personal injury lawyers such as Milners work on a no-win, no-fee basis. That means you only have to pay legal fees if we win on your behalf.

Claiming through the CICA

The CICA is a scheme run by the Ministry of Justice. It exists as an alternative to civil claims – in particular, when the attacker can't be sued or isn't worth suing. It deals with compensation claims from victims of violent crime in England, Scotland or Wales. It can also help victims of historical abuse.

This would apply in the following situations:

• The attacker doesn't have the money or assets to compensate you.
• You don't know the attacker's identity.
• The attacker has died or is unreachable.
  
  

The CICA functions as a last resort for victims unable to claim through the courts – and its aim is to compensate them. It doesn't rely on the attacker's conviction but simply on you being the blameless victim of an assault.

It's possible to make both claims, but you can only be compensated once. That means that if you win your civil claim, you have to pay back any compensation you've received from the CICA.

Making a claim this way involves a lot of bureaucracy. Given the sensitive and potentially traumatic nature of the claim, it can be wise to seek legal help. However, the CICA will not cover these legal costs.

As with a civil claim, you need to make it within two years of the date of the attack. You don't need to wait for the attacker to be convicted – or even identified.

It's important to note that CICA can take up to a year to process your claim and doesn't cover all injuries. You need to make sure that your injury will qualify.

How much compensation can I claim?

If you go down the civil claim route, there's no fixed compensation amount. As we discussed in another article, your solicitor will treat your case as unique and calculate the figure based on several considerations:

• The nature of the injury.
• Whether or not it resulted in hospitalisation.
• Whether you're unable to work as a result of the attack.
• Whether you require ongoing care or treatment and the costs that these incur.
• The psychological impact of the attack.
• Your age and life expectancy.

By contrast, the CICA has a 35-tier system of payouts. This is used to calculate your compensation amount.

The minimum amount for a successful claim is £1,000 and the maximum is £250,000.

Whichever route you decide to go down, it can help to have a trained personal injury solicitor on hand to help you navigate the process.

These claims can be emotionally charged and you might not always know the best route to take or feel able to gather evidence on your own. And because solicitors like us operate on a no-win, no-fee basis, you know you won't lose money making a claim.

At Milners, we have a team of friendly, knowledgeable, no-nonsense personal injury lawyers. If you've been the victim of a criminal attack, get in touch.