Abuse and assaults are classed as civil wrongs, and in principle – if you are able to prove the assault, the law can order that the individual pays you compensation.
The difference is that in the case of an institution or organisation, they will likely have assets or insurance that will cover such claims, and they will in almost all cases comply with their legal obligations to respond to claims – usually with appointed solicitors to advise and act for them.
Where proceedings are brought against an individual or a claim is notified, that individual may ignore the claim or may refuse to cooperate or comply with the legal rules and procedures.
Whilst, ultimately, the law will not allow the person to ‘get away with it’ by ignoring correspondence or court papers, it can mean that the case has to be progressed through the court system, which may take longer and be more uncertain.
If you win your case and the court orders them to make payment, whether payment is made will again depend on their co-operation and also whether they actually have any money to pay.
Our specialist solicitors have experience of claiming directly from individuals, and are experts in assessing claims of this nature. We will be able to establish at the outset if it is going to being your best interest to try and claim compensation from them.
