Assaults and Terrorist Incidents

If you were the innocent victim of a deliberate assault, you have a right to sue your assailant.

The challenge you face is that your assailant will not be insured for such an act and they rarely have enough money to pay the compensation you need. However, there are some ways to access some of the compensation you need.

The person who assaulted you was working at the time

This does not apply to all workplace events, but where the employer has a responsibility for your welfare (such as a school or hospital) – or where the employee believes that they are acting on their employer’s behalf (such as a security guard) – you may be able to bring a claim against the employer.

The person who assaulted you used a motor vehicle

In the event that somebody used their motor vehicle as a means to assault you, then their insurer will be required to compensate you for the injuries that you have sustained.

However, if the vehicle is the setting for the assault (for example you were assaulted by a fellow passenger on a bus), or is used to prevent you leaving (such as a kidnapping),  then the insurer would not be responsible for compensating you.

This can create some anomalies in terrorist incidents – for example, where someone hit by a car can be compensated, but if the driver gets out and assaults another victim, they will be left without the ability to access compensation.

The Criminal Injuries Scheme

There is a government scheme set up to provide compensation for the innocent victims of crime. This scheme does not provide full compensation but will contribute towards some of the losses that you face.

In theory, you should be able to navigate this for yourself – but the reality is that it can be a complex process for those with life-changing injuries, and you can often find yourself struggling to make any progress.

If your conduct in the lead up to the assault could be seen to provoke the assault (such as being involved in a fight but coming off worse), your ability to claim may be reduced or denied altogether.

You could also lose your ability to claim if you have certain unspent convictions at the time you make a claim, or at any point during the course of the application.

For less serious offences, your compensation may be reduced rather than lost altogether.

What if the police do not get a conviction against the assailant?

If the police do not secure a conviction against your assailant, it does not have any effect on whether you can bring a claim for compensation.

The police will investigate whether someone has committed a crime and will need to prove it beyond a reasonable doubt.

To bring a personal injury claim, you will need to show that the someone probably assaulted you.

Where you submit an application under the government scheme, you will need to comply with the police investigation by reporting the incident promptly, acting as a witness and doing whatever you can to assist the police in securing a conviction.

However, lack of a conviction itself will not count against your application.

If you or a loved one has suffered a life-changing injury as a result of an assault or terrorist incident, and you would like to discuss making a claim, please contact our team on 03333 058375 or email to [email protected] today. We’re here to help you.