Compensation claims originating from acts of abuse are typically complex, with several legal complications.

The first stage is to determine who the claim for compensation should be made against (the Defendant). In situations involving abuse in Residential Care Facilities, such as a Children's Home, the claim is frequently filed against the body responsible for maintaining the Care Home, such as a Local Authorities, a Charity, or a Religious Institution. Typically, such a claim would be made on the grounds that the entity in charge of administering the Home failed to effectively care for the child or adult in their care.

In other cases, compensation claims are frequently filed against individuals who have committed acts of abuse, usually outside of a residential care setting, for example, in the family home.

All civil claims (Civil Law) for compensation must first show how the compensation claim will be supported. The solicitor will then strive to acquire as much evidence as possible to help substantiate the claim and will arrange for the assistance of medical specialists so that the claim's value may be determined.

A formal legal claim is filed in Court if it is deemed acceptable to do so. In most situations, the matter does not need to progress to a final Trial and in many cases compensation claims are handled "out of Court". If a matter proceeds to trial, the person presenting the lawsuit (the Claimant) would normally be required to give evidence in court as a witness, unless the person initiating the case was unable to give evidence, for example, due to a handicap.

I can provide discreet and expert advise on the merits and potential dangers of filing a compensation claim.

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Problems along the way

Although no abuse is tolerated, not every compensation claim will be successful for a variety of reasons.

The Legal Aid Agency chooses whether to assist in the funding of compensation claims. In contrast to charges of "negligently caused" injuries, the Agency will only authorise public support in circumstances involving an alleged attack or purposeful maltreatment. Claims alleging assault or abuse by a public servant may well be brought against the responsible  Authorities that employs him or her as well as or instead of the individual. The legal claim against the Authority may be based on carelessness, but such claims are not barred from funding since the Agency considers whether the injury was caused negligently or intentionally. For the time being, Legal Aid is still accessible for many abuse claims when the party qualifies financially.

In a substantial number of situations involving abuse, particularly child abuse, the abuse survivor is unable to talk about the abuse or seek professional help until many years after it occurred. This is often twenty or thirty years after the assault occurred. In legal terms, this can frequently cause significant difficulty in pursuing compensation claims because the law currently does not sufficiently account for the length of time it takes a person to first reveal the abuse to someone else.

Nonetheless, in many circumstances involving compensation claims in the Civil Courts, the Courts frequently have discretion to enable a person to submit a compensation claim even though the claim is typically outside of the legal time limits.

When a compensation claim is made against an individual rather than his or her employer, issues can often occur if that particular Defendant does not have adequate financial resources to pay compensation to the person making the claim. It would be imprudent to pursue a compensation claim against the individual under such circumstances. Yet, a claim for  Criminal Injuries Compensation may still be viable.

To reduce the possibility of being unable to pursue a compensation claim, it is critical to receive adequate legal advice on any proposed compensation claim as soon as feasible. The same is true for claims for Criminal Injuries Compensation.

All of the aforementioned challenges can provide several legal obstacles to a person seeking compensation in the Civil Courts. If a case does not succeed, this can sometimes lead to disappointment or a sense of injustice. Many of the obstacles, however, may easily be overcome with the correct competent legal advice. It is always crucial to obtain  the correct legal guidance at the earliest feasible moment.

I can provide discreet and expert advise on the merits and potential dangers of filing a compensation claim.

Fill out our contact form to get in touch with me.