Child Abuse Claims

What can I expect when bringing a claim for damages?

The first thing that we would need to do is to begin to gather all the relevant evidence that might support your case – for example, any documents from police investigations into your abuser, relevant medical and education records. It may be that others have made similar allegations of abuse and that this evidence can also be relied upon.

Once this step has been completed, something called a “letter before claim” is prepared and sent to the Defendant, setting out the legal basis of your claim and factual background of what happened. Once they have received this, the Defendant will have a fixed period of time in which to respond and set out their position.

One important aspect of bringing a claim for abuse is establishing whether you have sustained any psychiatric injuries because of what happened (namely, has your mental health been affected by the abuse?). Some people experience anxiety, depression or PTSD symptoms as a consequence of the abuse they suffered, or rely on drugs or alcohol to block out memories of what happened.

This can affect their ability to work regularly, friendships and even relationships with partners and children. To establish the impact that abuse as had, we will arrange for a Consultant Psychiatrist to meet with you and provide a report commenting on the impact of the abuse. This report is a crucial piece of evidence in bringing a claim of this nature and we work with experts who are experienced in working with people who have suffered sexual abuse.

This report will assist us in being able to fully advise you on the value of your claim. It will also inform us whether there is any treatment or therapy that might help improve your circumstances and your mental health – with the cost of any recommended treatment being claimed from the Defendant.

Will I have to go to Court?

The vast majority of cases settle well before any trial or court hearing. If the Defendant responds to the letter before claim and argues that they are not responsible for the abuse that happened or that it did not occur, then it may be that we file the claim at court to ensure that your case progresses as swiftly as possible. One thing that we strive for, is to ensure that your case is dealt with in a timely manner and without any delay.

Around 95% of all cases settle before they get to trial. It is therefore unlikely that you would have to go to trial. In any event, we will keep you updated as the case progresses and whether or not a trial is likely.

Can I keep my anonymity?

We understand that confidentiality is of utmost importance to our clients. Our solicitors are experienced in supporting survivors of abuse and dealing with cases sensitively, and with care and compassion.

In the event your claim ends up going to court, we can make an application for anonymity on your behalf. The court understands that most claimants in abuse cases wish to remain anonymous and will often grant anonymity to those seeking it. In practice, this means that your name on any court documents would be replaced with three, random letters such as “ABC”. Your address would also be replaced with our firm’s address.

It is also worth remembering that if you have been a complainant in criminal proceedings, then you will automatically be entitled to lifelong anonymity by virtue of the Sexual Offences (Amendments Act) 1992.