Non-recent Abuse Claims

In non-recent claims for sexual and physical abuse, many survivors are worried that there will no longer be any evidence available. For this reason, it is helpful to make a report to the police. Whilst we understand this can be daunting, it does assist in obtaining the evidence needed to proceed with a non-recent abuse claim. 

The police are there to help you and will be experienced in dealing with non-recent abuse cases similar to yours. Reporting to the police can also help obtain evidence against your abuser and encourage more people to come forward. 

Locating and speaking to other survivors who have reported abuse at the same institution or by the same individual is also a key part of the investigation stage. Often abusers targeted more than one victim and in these cases the claims can be pursued as a group action. The more people who disclose similar accounts of abuse, the greater the prospect of persuading a court that the abuse occurred. 

At the start of your claim, your lawyer will begin with an investigation stage to gather evidence in support of your case. This initial work can take many months, depending on the type of evidence we need to gather. We will often need to access historical documents such as social services records, education records and medical records. It can be harder to obtain these documents if you suffered abuse a long time ago, as they may have been destroyed or misplaced. 

At the end of the investigation stage, your lawyer will be in a better position to advise on the merits of your claim and can decide on how to proceed. In our experience, the vast majority of claims settle out of court and we will push for an out of court settlement when it is in your interests to do so. However, it is important that you are aware when starting a case that you may be required to give evidence in court. 

Appearing in court can be demanding and stressful but if your case gets this far, your solicitor will be there to prepare and support you every step of the way. It is important to remember that non-recent physical and sexual abuse claims can take a long time to conclude and it is not uncommon for them to continue for many years.

To bring a non-recent abuse claim to court it is necessary to prove that it is possible for a fair trial to proceed. This is important as the claim will be pursued outside of the usual time period to present a claim. It is not an automatic right to bring a claim, which is why it is vital to obtain legal advice as soon as possible. Any further delay could affect your prospects of being allowed to proceed by the court. Get in touch with us on 033 0300 1103 or request a call back and we’ll be in touch to arrange a free, no obligation meeting with a member of the team.

The civil claims process can seek compensation for the abuse suffered. We understand that whilst nothing can change what has happened in the past, compensation can help you to take control of your life and help you to move forward, seek any support you require and start to rebuild your life. 

However, civil claims are not designed to punish the abuser - this is a matter for the criminal courts. If the police do investigate your allegations, we will work in conjunction with them to help wherever possible. A criminal conviction against your abuser could greatly improve your prospect of recovering non-recent abuse compensation. It is therefore common to wait for the outcome of the criminal case before progressing a compensation claim.

Your non-recent abuse claim will be against the organisation or employer who is closely connected to the abuser. Your lawyer will be able to advise you on this at an initial interview.

The amount of non-recent abuse compensation that is recoverable depends on the extent of the injuries suffered and how it has affected every aspect of your life. In addition to payment for any injuries, you can also recover money for other financial losses directly related to the abuse, such as lost earnings. Your compensation is not affected by how much time has passed since the abuse was suffered.

It is important in non-recent claims for sexual and physical abuse that you make a report to the police as soon as possible. This will assist in obtaining evidence necessary to pursue your claim. A conviction against the abuser will also help in your civil claim. It is likely that your civil claim will be put on hold until the criminal investigation is complete.

It is not uncommon for civil claims to take many years – an ongoing police investigation can delay cases. Whether the defendant is prepared to admit responsibility and whether it is necessary to issue court proceedings will also impact how long your case takes to settle.

The vast majority of civil claims for compensation are settled out of court. However, you should be prepared give evidence about the non-recent abuse in court if necessary. If you do need to attend court, we will fully support you throughout the whole process.

We offer a “no win, no fee” agreement, which means that you do not have to pay any legal costs if your claim is unsuccessful. We will advise you on the most appropriate funding option for you at the start of your claim.