If you have suffered a physical and/or psychological injury as a result of an assault or series of abuse at the hands of another, you have a right to bring a claim for compensation.
Compensation not only assists in allowing you to move forward with your life in general or pay you back for what you have lost out on financially, for example, lost earnings as a result of any time away from work due to injury, but can also help you to pay for private treatment for example to give you the best chances of overcoming what are often life-changing events.
A claim can be brought against the perpetrator of the abuse (the Defendant(s)) by way of a private civil action, or through the Criminal Injuries Compensation Authority (CICA). Both actions can be commenced by yourself, however, it is advisable that you instruct a solicitor to assist you through this process, particularly where a private civil action is being brought.
There are some key differences between the two ways of bringing a claim, such as:
| Private Civil Action | Criminal Injuries Compensation Authority (CICA) claim | |
| Limitation? (the date by which your claim must be brought) | Generally, 3 years from the date of injury. | Generally, 2 years from the date of injury. |
| Who pays your claim? | The individual(s) against which the claim is brought. | The CICA. |
| Criminal element? | No criminal element is strictly required. | The incident(s) must have at least been reported to the police. The injury must have resulted from a recognised crime. |
| Involvement of the Defendant(s)? | The Defendant(s) (or their solicitor) shall be directly involved in the claim. All of the parties to the claim may be required to attend trial, if a settlement cannot be reached outside of the Civil Courts. | No involvement of the Defendant(s) themselves – correspondence runs through the CICA itself. |
Whilst a claim can be started under both routes, you cannot be compensated twice for the same injury
If you have brought a private action against an individual and been compensated by them for an injury, the CICA will not pay damages to you for that injury and, if damages had already been paid to you by the CICA, they will need to be repaid.
The key factor which often determines which of the above routes is available to a survivor of domestic assault is whether the Defendant is identifiable and in funds to pay the claim. A private civil action cannot be brought if the Defendant(s) is not of a known name and address and/or does not have sufficient funds and/or assets to meet any settlement agreed upon between the parties or ordered by the Court.
How can we assist?
Our team are able to assist you with bringing a claim for compensation sensitively and timely. We have links to excellent physical and psychological treating therapists and reporting medicolegal experts to ensure that you have explored the appropriate avenues to a successful recovery. We are also able to assist with asset tracing to establish a Defendant’s means to meet your claim. Your enquiry shall be treated in strict confidence.