We recognise that the amount of damages may only feel relevant to the extent that this confirms that the Defendant has accepted the validity of the claim.
Having the opportunity to put the case across and have this ‘heard’ and acknowledged by a Defendant is often the central point. We recognise that ‘justice’ comes in all shapes and sizes.
How are civil claims for adult abuse usually resolved?
We can invite the Defendant to make an apology for their conduct, if you so wish, but again this is a personal choice and there is no right or wrong answer. We cannot force the Defendant to make an apology as the only guaranteed outcome of a successful civil claim is financial compensation.
A civil claim can settle at any time and by a variety of means.
The most common is for the legal teams to enter into negotiations by correspondence to try to agree settlement.
Mediation is another way of resolving a claim and can allow you to vent your feelings in addition to settling the financial aspects of the claim. Mediation is not compulsory and so even if we suggest it to the Defendant, they do not have to agree to enter into mediation. Furthermore, there is no guarantee that the practitioner who perpetrated the abuse will be at the mediation. As well as meeting with the Defendant’s legal representatives, mediation usually takes place with a mediator who acts as a go-between for the parties to attempt to conclude the claim.
It is also possible to invite the Defendant to engage in a joint settlement meeting which is similar to mediation but without a mediator.
Have you been affected by adult abuse? Call specialist Therapy and Professional Abuse lawyer Victoria Thackstone on 0800 012 9085, or contact us using the form at the bottom of this page.