Can I claim compensation?

30th Jul 2018

I am a 53 year old female who was sexually and pysically abused along with my siblings by our step father in the 1970's.

It did get to court a few years ago however he had a heart attack and died before he could be sentenced.

I was informed that I would be unable to claim compensation as the abuser lived in the same property, however I have recently heard of a case were the victim has claimed this law affects her human rights.

Also the CPS failed to inform us when the sentence was due to take place, we only found out when the police officer dealing with our case was informed that our abuser had collapsed on the steps of the court.

 

CATEGORY: Personal Injury

LOCATION: WEST MIDLANDS

2 answers
  • Cohen Cramer Limited

    Good Afternoon.

    You are right to say that there has recently been a decision with regards to the 'same roof rule' that prevented victims of abuse that lived in the same house as their abuser claiming an award from the Criminal Injuries Compensation Authority.

    There may still be issues with regards to the time limits within which an application needs to made as well as the possibility that, if you have already made an application that you are denied the right to make a further application for the same offence.

    The decision to ignore the same room rule will have a number of repercussions and advice can only be at a best guess as the response of the CICA.

    If you would like to chat through your options I can be reached on 0113 224 7804.

    Regards

    Mike Massen - Cohen Cramer Solicitors (partner)

     

     

     

    Did you find this answer helpful?

    Cohen Cramer Limited

    Did you find this answer helpful?
  • Nelson Myatt Solicitors LLP

    I'm sorry to hear of your ordeal and the confusion over the claims process.

    There is a government scheme known as the Criminal Injuries Compensation Authority which compensates victims who have been injured as a result of criminla activity. Usually the time limit for bringing a claim is two years however in cases such as that you have described there is often some level of leniency. 

    You can instruct a solicitor to deal with this type of claim however as the CICA doesn't make a payment for legal fees you will find that firms usually need to take a % of your compensation at the end of a successful claim. You can however start and run the claim yourself which will enable you to recover the full compensation award.

    I have posted the link to the CICA below so that you can have a look at the process and the type of award you may receive if your claim was successful.

    https://www.gov.uk/claim-compensation-criminal-injury

    If you need any further information, please do not hesitate to contact me for a confidential discussion.

    Katie Baker

    Nelson Myatt Solicitors

    01492 588200

    Did you find this answer helpful?

    Nelson Myatt Solicitors LLP

    Did you find this answer helpful?

Can you help with this question? Provide an answer and receive contribution points to help promote your firm.

CANCEL Please ensure your response adheres to our community guidelines before posting.

You might be interested in these questions

HAVE A LEGAL QUESTION?

Posting a question is completely free and we have qualified solicitors ready to help you. To get started simply click the link below.

ASK A QUESTION
Find a solicitor

Find a solicitor

Use our find a solicitor service to find and compare the best Personal Injury solicitors from around the UK. Narrow your search down to a particular town or county to find local solicitors that practice Personal Injury law.

View Solicitors
The ultimate guide to hiring a solicitor

The ultimate guide to hiring a solicitor

Hiring a solicitor for any legal issue can feel quite daunting. It is important that you make a good decision, but you may not know what to look for and how to chose a solicitor that is right for you. To help make the process easier, we have created the ultimate guide to hiring a solicitor. We have highlighted some of the key considerations you should take into account, as well as some handy tips to help make finding and choosing a solicitor both stress and hassle free.

Read More
  • This month
  • All time
  • Curwens LLP

    Curwens LLP

    0208 363 4444

    6 Answers

    PROFILE
  • Hattons Solicitors

    Hattons Solicitors

    01744 744400

    6 Answers

    PROFILE
  • Curzon Green Solicitors

    Curzon Green Solicitors

    01494 451355

    5 Answers

    PROFILE
  • QualitySolicitors Chapman & Chubb

    QualitySolicitors Chapman & Chubb

    01773 540480

    2 Answers

    PROFILE
  • Ellis Hass Limited

    Ellis Hass Limited

    0121 746 3002

    1 Answer

    PROFILE
Loading...