Levels of Compensation For Civil Claims

Compensation Levels for Rape Victims

If you have been the victim of a sexual assault or rape while at work you may be entitled to claim compensation for your injuries, mental and physical, as well as any financial losses that may have arisen as a result of the attack.

The level of award you may receive is based upon whether the compensation is being paid by an individual or by an insurance company on behalf of an employer or as an award following an application to the Criminal Injuries Compensation Authority (CICA).

A full breakdown of the CICA awards for the victims of rape and sexual assault can be found here.

Compensation Levels in Civil Claims

The level of award will be based upon the medical evidence that we will obtain. The report will set out the extent of the problem, how it affects you and how long it will take to recover. It is this that allows us to value your claim and to maximise the amount of compensation you will receive.

To see how you can claim the compensation that you deserve get in touch with us today:

For the Quality Legal Service You Deserve.

There are a couple of reference points that we use to make sure that you receive every penny you deserve; we rely upon our own extensive professional experience and with reference to the Judicial College Guidelines (JCG).

The Judicial College Guidelines.

The JCG is basically a list of injuries and how long they can last with a value in compensation next to each one. The list does not specifically state rape and sexual assault as an injury category but does make reference to it.

Psychiatric Damage Generally

The payment levels are based upon the psychological impact that the incident has on the individual.

The factors to be taken into account in valuing claims of this nature are as follows:

  • the injured person’s ability to cope with life, education and work;
  • the effect on the injured person’s relationships with family, friends and those with whom he or she comes into contact;
  • the extent to which treatment would be successful;
    future vulnerability;
  • prognosis;
  • whether medical help has been sought;

Claims relating to sexual and physical abuse

Such claims usually include a significant aspect of psychiatric or psychological damage. The (figures) discussed provide a useful starting point in the assessment of general damages in such cases. It should not be forgotten, however, that this aspect of the injury is likely to form only part of the injury for which damages will be awarded. Many cases include physical or sexual abuse and injury. Others have an element of false imprisonment. The fact of an abuse of trust is relevant to the award of damages. A further feature, which distinguishes these cases from most involving psychiatric damage, is that there may have been a long period during which the effects of the abuse were undiagnosed, untreated, unrecognised or even denied. *

(a) Severe

In these cases, the injured person will have marked problems with respect to factors (i) to (iv) above and the prognosis will be very poor.
£48,080 to £101,470

(b) Moderately Severe

In these cases, there will be significant problems associated with factors (i) to (iv) above but the prognosis will be much more optimistic than in (a) above. While there are awards which support both extremes of this bracket, the majority are somewhere near the middle of the bracket. Cases of work-related stress resulting in a permanent or long-standing disability preventing a return to comparable employment would appear to come within this category.
£16,720 to £48,080
(c) Moderate

While there may have been the sort of problems associated with factors (i) to (iv) above there will have been marked improvement by trial and the prognosis will be good.
£5,130 to £16,720

(d) Less Severe

The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected. Cases falling short of a specific phobia or disorder such as travel anxiety when associated with minor physical symptoms may be found in the Minor Injuries chapter.
£1,350 to £5,130

Post-Traumatic Stress Disorder

Cases within this category are exclusively those where there is a specific diagnosis of a reactive psychiatric disorder following an event which creates psychological trauma in response to actual or threatened death, serious injury or sexual violation. The guidelines below have been compiled by reference to cases which variously reflect the criteria established in the 4th and then 5th editions of Diagnostic and Statistical Manual of Mental Disorders (DSM-IV-TR and DSM-5). The symptoms may include nightmares, flashbacks, sleep disturbance, avoidance, mood disorders, suicidal ideation and hyper-arousal. Symptoms of hyper-arousal can affect basic functions such as breathing, pulse rate and bowel and/or bladder control.

(a) Severe

Such cases will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. All aspects of the life of the injured person will be badly affected.
£52,490 to £88,270

(b) Moderately Severe

This category is distinct from (a) above because of the better prognosis which will be for some recovery with professional help. However, the effects are still likely to cause significant disability for the foreseeable future. While there are awards which support both extremes of this bracket, the majority are between £22,930 and £29,590 (£25,220 and £32,550 accounting for 10% uplift).
£20,290 to £52,490

(c) Moderate

In these cases, the injured person will have largely recovered and any continuing effects will not be grossly disabling.
£7,170 to £20,290

(d) Less Severe

In these cases, a virtually full recovery will have been made within one to two years and only minor symptoms will persist over any longer period.
£3,460 to £7,170 *

Financial Losses

In addition to compensation for your injuries, we will also look to claim for any financial losses that you have incurred or sustained as a result of the incident.

This can include:

  • private treatment costs
  • lost income for recovery or treatment
  • care from family and friends (gratuitous care)
  • prejudice on the job market (Smith v Manchester award)
  • all other incident related financial losses

To see how you can claim the compensation that you deserve get in touch with us today:

 

 

 

 

For the Quality Legal Service You Deserve.

*Judicial College Guidelines 14th Edition