Everyone who experiences abuse deserves justice. That might mean criminal charges for the person responsible, an institution taking accountability for its failures, or making a historical abuse compensation claim. Some people think that if their abuse happened a long time ago, there isn't anything they can do. However, it's possible to claim compensation even for historical (or non-recent) abuse.

Sometimes, claims will be made directly from the person responsible. In other cases, you may be able to claim historical abuse compensation through the Criminal Injuries Compensation Authority (CICA). This is possible even in cases of non-recent child abuse where abusers are no longer alive, or if you don't know who was responsible for the abuse.

How much compensation you can get depends on a lot of different factors. Compensation is different in every case, and the only way to get a proper estimate of how much you may be owed is to talk to an experienced abuse solicitor about your specific situation. However, we can explain the factors that are taken into account when calculating the value of a claim.

Here, the historical abuse compensation experts at Switalskis explain how compensation amounts are decided for different abuse cases, to help you understand what to expect. If you're ready to speak to a solicitor for a more detailed estimate, or you want to get the process started, speak to our team today. 

What happens when you claim compensation for historical abuse?

Compensation is different in every historical abuse claim because it takes into account the survivor's specific experiences. For example, historical sexual abuse compensation claims are treated differently from claims of physical abuse. A CICA claim is subject to certain guidelines, as is a personal injury claim, and these will also be taken into account when determining how much you're owed.

Some of the factors that are considered include:

• Severity of abuse: this includes the nature, frequency, and duration of the abuse. It will also take into account which type of abuse you experienced, or whether there was a combination.
• Injuries: any physical injury suffered during your abuse can form part of a compensation claim. Psychological harm or diagnosed mental health conditions, such as PTSD, depression, or anxiety can also entitle you to compensation. If you have a disability or a disabling mental injury, your long-term quality of life will be accounted for.
• Loss of earnings: if your ability to work has been affected, this will be compensated. For example, if you needed to take time off work to recover from a serious internal injury, you will receive compensation for your lost earnings. If your future ability to earn a living may be affected by a long-term condition related to the abuse, this can also be added into the calculation.
• Expenses: costs associated with your abuse may also be considered as part of your compensation for historical abuse. For example, if you needed to pay for therapy sessions as part of your recovery, or for transportation to and from GP appointments, and you have receipts, these can be added into the compensation total. Costs of medical treatment, therapy, medications and rehabilitation directly related to the abuse will also be covered.
• Institutional liability: if the abuse occurred in an institution (e.g., a school or church), compensation might be different from making a claim against an individual.
• CICA claims: criminal injury compensation is available for domestic violence claims, child sexual abuse, and other types of claims in specific circumstances. Compensation claimed from CICA ranges from £1,000 to £500,000 depending on the severity and impact of the abuse. 
• Group claims: in cases involving multiple victims, the total compensation awarded can be significant, but individual amounts might be lower compared to standalone civil claims.

Your solicitor will advise you on which approach will be best for you, and help to build a case on your behalf to deliver the maximum amount of compensation that you're entitled to.

How is compensation worked out?

In the context of personal injury and abuse claims, including historical abuse, compensation can be categorised into two main types: special damages and general damages.

• General damages compensate for non-financial impacts of abuse, including pain and suffering, loss of amenity, and psychological effects.
• Special damages compensate for quantifiable financial losses, including medical expenses, loss of earnings, travel expenses, and care costs.

Below, we've provided some examples of things you can receive compensation for in this type of claim, from physical injuries to travel expenses.

General damages

General damages refer to compensation for non-monetary losses. These damages are intended to cover the pain and suffering experienced by the victim due to the abuse. They're based on Judicial College guidelines that determine the maximum and minimum compensation amount for each type of injury.

This will include compensation for the physical pain endured due to the abuse, based on any specific injuries you sustained. Any lasting physical disfigurement or disability resulting from the abuse will result in more compensation. This total will also compensate survivors for the emotional and psychological distress caused by the abuse. If you have been diagnosed with a condition such as anxiety, depression, or PTSD, you'll get compensation for this.

This impact on the mental health of sexual assault and abuse survivors can also affect their quality of life. General damages include compensation for the loss of enjoyment of life and the inability to engage in activities that the victim once enjoyed. If the experience affected the victim’s social relationships and overall wellbeing, this will be included.

Special damages

Special damages refer to compensation for monetary losses and expenses that were a direct result of the abuse. These are specific financial losses that can be counted based on evidence like receipts. Costs of professional care or assistance needed as a result of the abuse, or for travel to medical appointments and therapy sessions, will be accounted for.

Compensation will also include any income lost because you were unable to work because of the abuse - especially if you needed to recover from an injury. Estimated future income loss - if the abuse has resulted in a long-term or permanent inability to work - might also contribute to special damages.

It can also cover intangible costs like care provided by family members or friends during your recovery. Speak to a solicitor about your experience for a more specific estimate of what might count towards your compensation claim and how much you might expect.

How can you give yourself the best chance at compensation?

Claiming compensation can be done through various channels, including directly against the perpetrator or through organisations such as CICA. As we've noted above, there are several initial decisions that affect how much compensation you'll receive, and how likely you are to succeed. Building a case takes time, but there are several ways that you can maximise your chances of gathering strong evidence and making a successful claim.

Collect as much evidence as you can about your abuse. For example, take photographs of any injuries and how they develop over time. Write down the contact details of any witnesses who can testify on your behalf. Your solicitor can help you to collect evidence but these pieces form an important foundation. 

One of the best decisions you can make is to work with Switalskis. Whether you're making a claim from an individual, organisation or the Criminal Injuries Compensation Authority, we have the experience and legal knowledge to help. In many cases, we can take on your case under a conditional fee agreement, also known as no win, no fee. Solicitor fees in these cases are paid as a percentage of your compensation. There's nothing to pay up front, and no financial risk if you lose.

Our team may arrange for you to be examined by an independent medical expert, who can provide medical evidence about the nature of your abuse and the results for your health. This can support claims, establish care needs, and show the level of injury for higher compensation awards. In cases of historical abuse claims, we'll also look at any records from the time of the abuse that can substantiate your story.

Speak to the team at Switalskis for free legal advice about your right to claim compensation for historical sexual abuse, physical abuse or emotional abuse. Call us on 0800 138 0458 or get in touch through the website .