Civil Abuse Claims

The experts in civil abuse claims

If you have suffered sexual or physical abuse or assaults as an adult or child, you may be able to claim compensation under the civil law.

Our civil Abuse claims specialists are dedicated solely to this area of the law. Many cases are settled and compensation successfully recovered without the need to start any court proceedings at all.

Civil abuse claims can be brought many years after the abuse happened

We understand that sexual and physical abuse can be difficult to talk about. Many individuals are unable to disclose the abuse at the time, even to close family or friends.

It does not matter if the abuse happened many years ago, you may still be able to claim. You should seek legal advice as soon as possible. Our experienced team will be able to assess your claim and advise you for free.

If we decide that you have a claim that can be pursued, you can then decide whether you want to proceed. We pride ourselves on our high level of legal knowledge in this specialist area.

It is also extremely important to us that you have a clear understanding of your claim, the chances of success and the amount of damages that you may receive.

What is the difference between a civil case and a criminal case?

In England and Wales we have two legal systems that run side by side. The Criminal Justice System deals solely with the prosecution of criminal offences. Cases are brought by the Crown (the King or ‘R’ as you will often see on the paperwork you may receive) against the accused individual (the Defendant).

The Police investigate the crime and the Crown Prosecution Service (CPS) assess the evidence and decide whether charges can be brought. If a person is charged with a criminal offence, the lawyers who bring the claim work for the CPS. The accused person will have their own criminal solicitor to advise and act for them.

Unlike the criminal process – in a civil claim, the Defendant will rarely be the person who abused you and will more likely be a company or organisation who employed that person.

You are much less likely to have to give evidence in court in a civil claim, as over 95% of civil cases will conclude before any final court hearing.

Do civil and criminal cases have different outcomes?

Yes. If a person is found guilty of a criminal offence, they will receive a criminal sanction. There are various options available to Criminal Judges including prison sentences, community service and fines.

If a civil claim succeeds and the case is proven, the Civil Judge will award damages to the person bringing the claim to compensate them for what happened.

Do civil and criminal cases take place in the same courts?

No, they have totally separate courts. We have criminal courts and civil courts. Criminal cases usually take place in the magistrates court or the Crown Court if the offence is considered more serious.

Civil claims take place in the County Court or High Court.

Do Civil and Criminal cases have the same burden of proof?

When we talk about burden of proof we are referring to the level of evidence required. In a criminal court, a case must be proven ‘beyond reasonable doubt’ and in a civil case, the burden of proof is ‘the balance of probabilities’.

Therefore, just because the police or CPS may not be able to take the matter any further, this does not mean that you cannot pursue a civil claim so you should not let this deter you from seeking legal advice regarding compensation.

Can there be a criminal case and a civil case arising from the same incidents?

Yes, of course. As the purpose of the two systems is totally separate, the criminal to identify and punish criminals and the civil to compensate those who have been affected or harmed by assaults, both cases can be brought.

Frequently Asked Questions

How much is my claim worth?

Your solicitor will assess your claim and give you an idea at the outset of the likely compensation you can expect to receive.

A civil claim for abuse can include the following compensation:

General damages – An award of money for the abuse/assaults themselves and for the pain, suffering and any psychological effects.
Special Damages – An award for any specific financial losses we can prove, such as loss of earnings or the costs of any treatment or counselling.
Aggravated Damages – An additional award of money in certain cases where the court considers that there has been additional distress caused by the manner in which the abuse occurred.

How long will my case take?

Each claim is different and once we have been able to assess your case, we will give you an idea at the outset of the likely timescale.

It will very much depend on what evidence we need to gather, who we are bringing the claim against and also whether the claim can be settled without court proceedings.

Generally a civil claim for abuse or assaults can be concluded within 6 – 12 months. We will provide you with regular updates as your claim progresses.

How will my case be funded?

The majority of civil abuse claims are funded by a Conditional Fee Agreement (CFA), this is also known as a ‘no-win, no-fee’ agreement.

The way these agreements work means that you do not have to pay anything upfront. If you successfully recover damages the majority of your costs will be paid by the other side.

You may have to contribute to costs out of any compensation recovered, but this will not be more than 25%.

We may advise you to take out After the Event (ATE) Insurance in your claim, depending on the case. If we consider that this should be taken out we will discuss this in detail with you.

Any ATE premium will only be payable if you win and will not need to be paid until the end of the claim.

Why choose Oakwood Solicitors?

At Oakwood Solicitors Ltd, we have dedicated lawyers with over 20 years of experience acting for survivors of sexual and physical abuse. We understand how difficult it can be to bring and claim and are committed to dealing with your case in a sensitive way.

You will have a dedicated solicitor who will deal with your claim from start to finish and who will be able to speak to you at times convenient to you, even if this is outside our normal office hours.

Welcomed and at ease

I was made to feel welcomed and at ease. Details taken swiftly and sympathetically. Then was given a positive response within a very short space of time.

- Satisfied Client

Quick and professional

Response was quick, and professional.

- Satisfied Client

Molly Frost - Abuse Claims Solicitor

Molly Frost joined the Firm in June 2024 and specializes in abuse compensation claims. Having over 20 years’ experience helping survivors recover compensation, she is considered an expert in her field. Molly has acted as lead Solicitor in several group litigation matters arising out of abuse in children’s homes, and has been involved in several high-profile cases.

0113 200 9720

enquiries@oakwoodsolicitors.co.uk

Have you been the victim of abuse?