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The Law allows you to claim compensation for injuries and also for losses that you have suffered as a result of Sexual or Physical Abuse.
Abuse claims can be lengthy and often involve difficult legal issues. The Slater and Gordon Sexual and Physical Abuse team are highly experienced in dealing with the complex legal arguments that often arise in sexual and physical abuse cases. For a free, confidential consultation call Slater and Gordon on freephone 0800 916 9046 or claim online.
One of the most common issues that arises for Sexual and Physical Abuse Claims relates to time limits. The Limitation Act 1980 sets out the time limits for Sexual and Physical Abuse claims, stating that the primary time to bring a claim is 3 years from the date or knowledge of the abuse or within 3 years of turning 18 years old if the abuse took place while you were a child.
Whilst there are time limits there are also circumstances when claims can be brought outside of this time period. If these circumstances are relevant to your case and your claim looks to be out of time, we have experience in challenging this defence. Each case is looked at individually and our team have experience of successfully arguing cases with limitation difficulties and can advise you on this issue during your free, confidential consultation.
Claims can be brought directly against the person who has abused you and/or against others who were responsible for their actions. This can include the individual’s employer, a school, hospital, local authority or similar institution. In claims such as these we will need to show that either the individual was an employee or they were in a position that was ‘akin to employment’.
When claiming compensation against an individual it will be necessary to establish that they have sufficient funds to meet any claim. We will be able to discuss this further with you during the initial consultation.
It will then be necessary to prove your case on the balance of probabilities. This means that we will need to show that it was more likely than not that the abuse took place. We will need to show that the individual’s actions caused you harm and that the harm caused the physical and/or psychological injuries that you have suffered.
The Criminal Injuries Compensation Authority is a government scheme, created to compensate victims of violent crime who have suffered a personal injury within England, Scotland or Wales.
You cannot claim for the same injury twice, therefore you cannot receive compensation through CICA as well as through the civil claims process. If you choose to pursue a civil claim for compensation, you can still lodge an application with CICA and request that your application is stayed pending the outcome of those proceedings.
Claims to CICA are subject to strict time limits. Claims must be made within 2 years of the date of the incident or, if you were a child at the time of the incident, by your 20th birthday. CICA has a discretion to allow applications to be made out of the time limit, however, they say that any claim must be made within 2 years of reporting to the police. Even if the CICA are unable to hear your case this does not affect any civil claim.
Slater and Gordon Lawyers is one of the UK's largest and well known personal injury law firms with offices in Newcastle, London, Manchester, Ashton-Under Lyne, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.
Solicitors at Slater and Gordon Lawyers are members of the Law Society Personal Injury Panel, the Association of Personal Injury Lawyers (APIL) & the Association of Child Abuse Lawyers.