If you’ve ever been a victim of physical or sexual abuse, you’re probably aware of the mental and physical trauma that such an experience causes a person to experience. In the event that you ever have to go through it again, you should know how to claim your legal rights. Abuse can come in many forms but ultimately hurts an individual, whether physically, sexually, or emotionally. Compensation claims and legal proceedings are often complicated, and many people tend to shy away from them because of the complexities involved. However, it’s never okay to let yourself be treated badly, therefore, you should always speak up for yourself in the event of any injustice. To help you through the process, here is a short guide on how you can deal with abuse, and get the compensation you deserve.
What Behavior Counts As Abuse
Abusive behavior can take many forms. It can take the form of aggressive behavior, controlling someone, violence, making threats, verbally abusing, or forcing someone to do something they don’t want to. Simply stated, they include behaviors that are meant to intimidate, scare, exert power over or threaten the victim. The abusive mindset follows a power dynamic and can be explained through a cycle of abuse. Abusive behaviors can become patterns and therefore should never be ignored. If you notice any of these signs in your partner, parent, relative, or anyone else, it’s your right and responsibility to file a complaint against them.
Filing An Abuse Claim
Similar to other compensation claims, to prove your claim, you have to provide sufficient evidence that proves certain injuries were caused by the perpetrator or abuser. Abuse victims are often deterred from filing a claim because it requires them to stand up to their abusers, and deep-rooted fear takes over. However, if you have decided to take action, you should ensure that you see the case through to completion, and not give up midway.
As this process has numerous technicalities, and it is extremely difficult for a person to go through the case alone, it’s a good idea to hire a solicitor or attorney to assist with the case. When you have proper abuse litigation representation in order, a case can be much easier to navigate. Plus, a specialist in the field would be most familiar with the relevant laws and will be able to expertly navigate the court proceedings, at least.
It’s important that you’re aware of the process beforehand so that you’re prepared for anything during the case. Here’s a quick rundown of what an abuse claim filing process looks like.
- A legal attorney or solicitor is hired.
- They complete a legal aid assessment.
- The professional expert will gather information from you, any witnesses, and police statements. You will have to provide every little detail to help support the claim.
- Once enough information has been collected, a statement will be issued and signed (by you) and sent to the court.
- Based on the information provided, the court can decide to either schedule a hearing date, accept the claim, or refuse it.
- If you feel as though you are at risk of danger from the abuser after you’ve filed the claim, further steps can be taken to ensure your safety. These include getting a restraining order, or an occupation order based on the specifics of your case.
Types Of Abuse Claims
Many people are unaware of the different types of abuse claims that can be made instead of suffering in silence. And, if you’re not aware of something, how will you avoid it? So, to help you, here’s a list of the different types of abuse claims that can be made.
- Abuse in foster care
- Child abuse
- Domestic abuse
- Elder abuse
- Abuse in local authority care
- Criminal injury abuse
- Religious abuse
- Sports abuse
- Institutional abuse
- Child abuse in schools.
Why Claim Compensation
Although making a compensation claim won’t change what happened or take away the suffering and trauma associated with the abuse, it can be a step towards recovery. When you know the abuser has to pay the price for their actions, your heart is a bit more at ease. Plus, financial compensation can help you with medical bills or therapy sessions.
Compensation claims are complex enough as they are. Add abuse cases, and you’ve got the most difficult type of case there is. Even if speaking up for your rights seems impossible, once you take the first step, the rest works itself out. It’s important that you are aware of the technicalities that come with abuse claims, and are prepared for any surprises in the court proceedings.
Published on Holr Magazine