We understand that survivors of abuse often face significant emotional and legal challenges when seeking justice and compensation. For the last 15 years, we have strived to provide a compassionate, client-focused approach while guiding our clients through the process. Below, we've answered 10 questions we are commonly asked by survivors who are thinking about bringing a claim for compensation.
The answer to this question depends on the type of abuse you suffered, the circumstances of it, and its impact on your life.
There are court rules which establish brackets for compensation recoverable in sexual abuse claims. According to these guidelines, compensation for sexual abuse can range from £11,870 to £183,050, depending on the severity and impact of the abuse.
In addition to compensation for the abuse itself, you may also be able to claim for other losses you have experienced. This could include costs for previous therapy or counselling. If the abuse has affected your ability to work, we may be able to pursue a claim for loss of earnings.
Potential losses you experience in the future can also be considered, such as future therapy, future loss of earnings etc, depending on the conclusions of the medical expert in your case.
The process starts with discussion with one of our team where we listen to your experience, and we will ask questions to ensure we understand your position. From there, if we can help then we will gather evidence including any police records, prepare a ‘letter of claim’ to the person or organisation identified as the appropriate defendant in your claim. You will then attend a medical expert appointment to assess the psychological impact the abuse has had on you. The psychiatric report, any further evidence and a schedule setting out your past and future losses is then sent to the person or organisation you are claiming against (‘’the Defendant’’). The defendant’s response will vary case to case. Most cases will proceed to negotiation and settlement whereas some cases could be concluded at court.
For a more detailed chronology of a case please click on this link: What are the first steps to getting compensation for sexual abuse?
3. What will my legal costs be?
Most people are represented under a no win no fee funding arrangement. This is the most common and preferred method, where you don’t have to pay if you lose. If you win your claim, you make a percentage contribution towards your legal costs from your compensation, which is called ‘’the success fee’’.
Solicitors may recommend taking out insurance to cover the costs of your opponent’s legal fees and your own expenses (such as expert and court fees). This premium would only be payable if you win and would be deducted from your compensation. If you lose, you wouldn’t have to pay the premium, as it is self-funded.
Please click the following link to read about our past clients’ experiences with the advantages of after the event insurance: Peace of mind when funding a child abuse compensation claim.
Other funding options can be discussed during our initial conversations with you.
The duration of your case will depend on its complexity and cooperation of other parties to the claim. Some claims are resolved within 6-12 months whereas some can take 12-24 months or longer if there are challenges or additional investigations. Our team will keep you informed throughout and provide realistic expectations regarding the timeline.
Not necessarily. While some cases require court hearings, most are resolved through negotiation and settlement.
Please see links below to read about some of our past cases where the claim has settled out of court:
We take your privacy seriously. Everything you share with us is treated with the utmost confidentiality, and we will ensure that your personal information and details of your case are protected at all stages of the process.
If your claim proceeds to be issued at court, then under the Sexual Offences Act 2003, victims of sex offences are given lifelong anonymity.
While there is protection under the Sexual Offences Act, we take a belt and braces approach by way of asking a judge for an ‘anonymity order’. This means that you, the claimant become known by three random letters of the alphabet e.g. ‘ABC’ (rather than their name being included in any of the court documents).
You can read more about how we protect your identity here: Protecting the victim's identity in child abuse compensation claims.
We recognise that bringing a civil claim can take an emotional toll, despite our best efforts to be as supportive as possible. We would encourage you to ensure you have good support in place at home or professional during the claims process.
We can refer you to local and national survivors groups and will provide you with a bank of resources to use.
Firstly, it is always advisable to report childhood sexual abuse to the police. That way, it can be checked whether the abuser is still alive, and if so whether they still have contact with children, which can then be immediately addressed. It is unlikely that a civil claim will be pursued until after any criminal proceedings have been concluded.
We will support you with reporting to the police and through any police investigation.
You will be in the strongest position to succeed in a civil compensation claim if your abuser is convicted for offences against you.
Your lawyer will not have any influence in the criminal proceedings of your abuser and will not be representing you in the criminal proceedings – that is the job of the Crown Prosecution lawyer. But your civil lawyer can support you in the criminal proceedings and will sometimes attend the criminal proceedings to obtain key evidence.
Yes, there is a time limit. The specific time limit depends on when you were harmed:
This legal principle is known as ‘limitation’.
Judges can allow a claim to go forward if brought outside of this time period. The court will consider the injured person’s reasons for not coming forward sooner, the length of the delay, and whether a fair trial is possible.
If you would like to read further about time limits and some recent changes in the law then please click on this link: England and Wales: Long awaited changes to be made to the time limit hurdle in civil compensation claims
The first step is contacting us for a free, confidential, no-obligation conversation. You can reach us by phone at 01234 360140 or through our website’s contact form.
We will be pleased to help.