If you’ve suffered a loss, injury, or financial harm because of someone else’s actions, you may be considering making a civil claim. Unlike criminal cases, which aim to determine whether a crime has been committed, civil claims focus on resolving disputes, often through compensation for the harm caused.
Abuse refers to behaviour that causes significant harm or distress. This can be physical, emotional, financial, or sexual, and may also include neglect or exploitation. Victims of abuse may pursue a civil claim to seek justice and compensation for the impact it has had on their lives.
Here’s a straightforward overview of how a civil claim process work:
The first step is usually to speak with a solicitor. At Bolt Burdon Kemp, our team offers a free assessment of your potential claim. Consultations can be confidentially conducted over the phone, or in person at your home or another convenient location, if you have a potential claim.
At Bolt Burdon Kemp, we are able to offer ‘no win, no fee’ agreements. This means that if your claim is unsuccessful, and you comply with the terms of the conditional fee agreement, you will not have to pay any fees.
The investigation involves gathering all relevant information. This may include reviewing police statements, obtaining court documents, and collecting other evidence such as medical records or witness statements. The goal is to build a clear picture of your case and determine the best way to proceed.
Once the initial enquiries are complete, you’ll meet your solicitor to discuss the strength of your claim and agree on a plan. This may include advising you in more detail about how strong your claim is and instructing a psychiatrist to interview you and provide a report for the case.
With a clear understanding of your case, your solicitor formally makes a claim to the defendant. Depending on the circumstances, this could be the individual responsible or an institution, such as the Catholic Church, Scouts Association, or a local authority.
The defendant will respond formally, either admitting responsibility or denying it. If responsibility is admitted, negotiations for settlement usually follow. If denied, court proceedings may be initiated, potentially leading to a trial. It’s important to note that the vast majority of cases – about 98% – are resolved through negotiation rather than going to trial.
The timeline can vary depending on the complexity of the case, the availability of evidence, and whether the defendant contests the claim. Some claims may be resolved within months, however, if the case proceeds to trial, it can take a few years. Your solicitor can give a clearer estimate based on the specifics of your situation.
If you are a victim of abuse and would like to explore your legal options in a safe and confidential environment, please don’t hesitate to contact us. Our Abuse team at Bolt Burdon Kemp is here to help.
This guest blog was written by Martyna Lewczuk, Paralegal at Bolt Burdon Kemp
