The immediate aftermath of any kind of abuse can be confusing and emotionally difficult. Even once abuse is over, it can take a long time to recover - whether from physical injuries or mental and emotional trauma. This is why it's possible to claim compensation for historical abuse - because the courts recognise that you deserve justice even if it takes a long time before you're ready to take that step.

Historical abuse claims help survivors to seek compensation and get the justice they deserve even if many years have passed since the abuse happened. It's not always possible to make this type of compensation claim, as it depends on the specifics of your situation, but it's important to know that there are options available. Speak to an experienced solicitor about your circumstances to find out if you're eligible to claim.

With that said, there are several factors that affect whether or not you can claim. Here, the abuse claims solicitors at Switalskis explain the types of abuse claims you can make, the circumstances that affect historic abuse compensation claims and what you need to do to start the process.

When can you claim historical abuse compensation?

The first thing to consider is whether or not you're eligible to make a claim - the historical aspects of the case might come into play later. There are several types of abuse that you can claim compensation for, including physical abuse, sexual abuse, emotional or psychological abuse, and neglect. Claims can be made for abuse suffered as a child or as an adult, and can be made in one of two ways. The first is to bring a claim against the abuser or the institution responsible for the abuse (such as a school, church, or local authority). The second is to claim through the Criminal Injuries Compensation Authority (CICA). If the abuse was reported to the police, you might be eligible to make a CICA claim, and this can sometimes be done alongside a civil claim.

To claim compensation, you usually need to demonstrate that you suffered harm as a result of the abuse. This might include physical injuries or problems with your mental health, and the amount of compensation you receive will be determined based on the nature of this harm. Whether you suffered abuse just once or experienced traumatic and repetitive abuse over an extended period of time, it is usually possible to prove that it had adverse effects on your health.

To prove this, a historical abuse claim usually relies on a lot of evidence. This can be challenging to gather yourself, which is one reason why working with an expert abuse claims solicitor is vital during this process. The team at Switalskis has a lot of relevant experience and can help you to build your case from the start, to give you the best chance of claiming compensation successfully.

The evidence you might need includes medical evidence from a doctor, psychiatrist or clinical psychologist. If your physical or mental injury was treated at the time, medical reports will support your claim. We may also ask an independent medical expert to assess your health currently and testify as to the effects of the abuse. Evidence will also include witness statements from people who remember the incident, or those who can talk about how it affected your life. This evidence can be harder to collect in cases of non-recent abuse, but your solicitor will work alongside you to build the strongest possible case.

Speaking to a solicitor can also help you to determine whether you are eligible for compensation. By discussing the specifics of your situation, our team can advise you of whether you are eligible to claim, help you find the best route to pursue compensation, and start the process on your behalf.

Is there a deadline to claim historical abuse compensation?

Generally, there is a limitation period of three years to make a personal injury claim. This begins from the date of your injury, or the date when you became aware of the injury or its relationship to the abuse. For most types of claims this deadline is strictly enforced. No matter your circumstances, it's best to try to launch a physical, mental or sexual abuse compensation claim as soon as possible.

However, for historical abuse cases, the courts can exercise discretion to extend this time limit if it is just and equitable to do so. This often considers the psychological impact of the abuse, which may have prevented the victim from coming forward sooner, or other factors that could have prevented them from bringing the claim earlier. If the claimant can demonstrate why they were unable to bring the claim earlier - for example, because of the trauma associated with the abuse or a threat of further harm from an abuser - this time limit will often be waived.

CICA claims have their own rules. The usual time limit for making a claim to the CICA is two years from the date of the incident. However, much like a civil claim, the Criminal Injuries Compensation Authority can extend this time limit if the applicant can show that, due to exceptional circumstances, they could not have applied earlier. The claimant must also provide enough evidence that making a fair decision on the case is still possible. Your solicitor can advise you on whether you meet this requirement and collect evidence on your behalf.

There are also certain exceptions to the time limit that apply in all cases:

• If the abuse occurred when the person was under 18, there is no time limit for their parents to make a claim on their behalf. The three-year limitation period would then start from the claimant's 18th birthday, meaning they have until their 21st birthday to make a claim. For CICA claims, the two-year period similarly starts from the claimant's 18th birthday.
• If the claimant doesn't have the mental capacity to make decisions for themselves, there may be no time limit on when they can claim (or have someone claim on their behalf).

As we've noted, you can only be certain about whether you meet the eligibility rules for historical abuse compensation by speaking to a solicitor. Our experts on historical abuse claims - including historical sexual abuse, child sexual abuse, physical abuse, and other types of historic claims - can discuss your circumstances and let you know whether or not you're owed compensation.

They're also trained to discuss these matters sensitively and confidentially. Speaking to a solicitor is the only way to know how much compensation you could receive, and can be a vital part of the healing process. It will also be the first step towards justice for your experiences. Call Switalskis today to talk about your situation on 0800 138 0458 , or get in touch through our website .