Fatal criminal assault claims

What is a fatal criminal assault claim?

A fatal criminal assault claim is a legal action brought by the family or dependants of someone who has died as a direct result of a criminal attack. This may include instances of assault that lead to fatal injuries, such as physical beatings, use of weapons, or other violent attacks that were intentional and unlawful. It can be difficult to make a claim against the perpetrator themselves as they often don’t have the means to pay compensation, but it can sometimes be possible to pursue a claim against an employer, if it happened at work, or against another responsible party (e.g. the owners of a nightclub if they didn’t have sufficient measures in place to protect visitors from assaults). These claims can also be made through government schemes like the Criminal Injuries Compensation Authority (CICA), which offers a route to compensation when the assailant is unknown or cannot pay damages, but damages are calculated differently under this scheme which involves a very strict tariff-based system.

Fatal criminal assault claims differ from standard personal injury cases due to their serious nature and the involvement of criminal conduct. These cases may be pursued under civil law in the circumstances described above and can include claims for financial dependency, loss of services, and funeral expenses, as well as bereavement damages as set out under the Fatal Accidents Act 1976. Claims can also be brought for any financial loss or pain and suffering experienced by the deceased before their death under the Law Reform (Miscellaneous Provisions) Act 1934.

Can you claim compensation for a fatal criminal assault?

Yes, you may be eligible to claim compensation if a loved one has died as a result of a criminal assault. Dependants of the deceased — such as a spouse, civil partner, children, or other close relatives — may have grounds to pursue a claim. There are two main avenues through which compensation can be sought:

• Civil claims against the individual or organisation responsible for the assault (though it is often difficult to pursue against an individual unless they are particularly wealthy or are insured)
• A claim through the Criminal Injuries Compensation Authority (CICA), which provides compensation to victims of violent crime in England, Scotland, and Wales

To be eligible for a CICA claim, the fatal assault must have been reported to the police promptly, and the application must usually be submitted within two years of the incident. Exceptions may apply depending on the circumstances and we can guide you through your eligibility during an initial consultation. The compensation will also be calculated differently under this scheme, which will generally result in a lower award overall as this scheme is government funded.

Why choose Stephensons?

Stephensons is a nationally recognised law firm with extensive experience handling sensitive and complex fatal injury claims. We are accredited by the Law Society for Personal Injury and proud members of the Association of Personal Injury Lawyers (APIL), reflecting our commitment to the highest standards of legal practice. We are also ranked in the Legal 500, a leading legal directory, for our work in personal injury and serious injury claims.

Our compassionate approach, combined with in-depth knowledge of criminal and civil law processes, allows us to provide a bespoke and tailored service for each family. Whether through CICA or a civil claim, we will work tirelessly to secure the compensation and justice that your loved one deserves.

How we can help

Our expert personal injury solicitors can help you navigate the legal complexities of making a fatal criminal assault claim. We will provide a clear assessment of your case, advise you on the most appropriate course of action, and guide you through the process from start to finish. Our services include:

• Assessing your eligibility for compensation
• Liaising with police and criminal courts, where applicable
• Submitting and managing claims to the CICA
• Pursuing civil claims against identified assailants
• Securing bereavement damages, loss of financial dependency, and funeral costs

We offer a sympathetic and understanding approach while aiming to minimise the stress on your family during this distressing time.

Contact us

If you're considering a fatal criminal assault claim, speak to our specialist team today. We offer an initial consultation to discuss your options and how we can assist. Call us on 0161 696 6235 or fill in our enquiry form to request a call back at your convenience.

Frequently asked questions

Who can make a fatal criminal assault claim?

Claims can usually be made by close family members or dependants of the deceased, such as spouses, civil partners, children, or parents. In certain circumstances, other relatives may also be eligible.

How long do I have to make a claim?

For CICA claims, the time limit is generally two years from the date of the assault. For civil claims, the time limit is typically three years from the date of death. There are exceptions to these rules so you should always seek legal advice as early as possible.

What type of compensation is available?

In a civil claim, compensation can cover bereavement damages, financial dependency, loss of services (such as childcare or home maintenance), funeral expenses etc. In CICA cases, there are set tariffs and rules under the scheme.

Do I need to wait for a criminal conviction before claiming?

No,  a conviction is not always necessary. While a criminal trial can strengthen a civil claim, we can help assess your options regardless of whether the perpetrator has been convicted.

Will I have to go to court?

In most CICA claims, court attendance is not required. If you pursue a civil claim and liability is disputed, a court hearing may be needed, but we will support and represent you throughout the process.

Let us support you

Pursuing a fatal criminal assault claim can never replace the loved one you have lost, but it can ease financial pressures and help in the process of seeking justice. If you're unsure about your options, our team is here to listen and advise you with compassion and professionalism. Contact Stephensons today on 0161 696 6235 or complete our enquiry form to speak to a member of our personal injury team.