What is child abuse?

Child abuse is when a child or young person is subject to sexual, physical or emotional abuse. This can also be in the form of cruelty or neglect.

It can be a pattern of grooming over many years or can be a single one off isolated incident. Regardless of the extent and frequency, suffering abuse as a child can cause significant harm and distress and often for many years after the incidents took place.

Non-recent child abuse, sometimes incorrectly referred to as historical abuse, is when an adult was abused as a child or young person when aged under 18.

How do I make a child abuse claim?

We offer a non-committal and entirely confidential initial consultation. This can take place over the phone, by video link or in person.

There is no time limit on the consultation, it takes as long as necessary to ensure you feel comfortable and we can give you the best advice possible.

If we feel that there is merit in progressing matters further with you, we can provide detailed information in relation to the process.

What are the time limits for bringing a claim for compensation?

If you were subject to abuse as a child your claim will be subject to limitation. this means that your claim will be classified as statute barred (out of time) three years from your 18th birthday. It is very uncommon that we are instructed by somebody within this period owing to the understandable reasons for delay in disclosures.

If you have justifiable reasons for delaying in coming forward and it can be evidenced that there is little or no prejudice suffered on those would be dealing with your claim, the court can exercise discretion for cases to proceed out of time.

In order to succeed in your claim, careful and precise legal advice and arguments need to be put forward, along with extensive research and collation of evidence. This technical expertise is why many firms do not have a clear understanding as to how best to succeed in your claim and why you should seek the advice of a specialise child abuse lawyer of firm.

How much compensation will I receive?

There is no set amount of compensation for child abuse. A claim is valued on lots of different variables and understandably everybody is different, therefore the consequences impact from case to case.

In general terms, claim are valued based on many years of expertise and experience in settling and valuing previous cases. Those cases that have been brought to the attention of the court can often assist in valuation as they have frequently set precedent.

A claim is valued in two parts.

The first is pain, suffering and loss of amenity often referred to as general damages. This is compensation awarded for the abuse and its consequences. These are referred to as general damages as it is impossible to calculate the true harm and impact.The second aspect is special damages or losses. These are losses than can be valued on a more tangible basis. Examples can be the cost of therapy or counselling, loss of earnings and medication.

We will use experts to work with you in understanding which therapy is most beneficial and who can assist with calculation of the impact on your education and earnings.

Will my claim be confidential?

Yes. Any individual who brings a claim in relation to events that occurred in their childhood is entitled to full anonymity. Your claim will only be made aware to those who need to know and with your full consent. Unless you disclose the contents of your claim, nobody will know.

This includes if your claim has to be brought before the courts attention. You will be entitled to full anonymity throughout the process.

Will I have to go to court?

This is a very difficult question to answer. You may have to go to court. You will of course be given guidance and support if this is required. Often many cases do not go to court and settle by way of an out of court settlement.

Remedy Law will work on the basis that your claim will end up going to court as if we did not, we would be doing all those we represent a disservice. We do not automatically seek for your claim to be settled out of court if we not feel you will be properly compensated but will listen to your wishes and work with you to achieve a positive outcome.

Who will pay my legal fees?

If your claim has sufficient merits to proceed, it can be funded by way of a no win no fee agreement. This means that you will not have to pay the legal fees in bringing your claim and if your claim is unsuccessful we do not get paid.

If your claim is successful we will seek to recover our costs from those who were defending the claim. Your damages award will be subject to a deduction of up to 25% of your damages to cover our success fee.