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FAQs for Historic Abuse Claims

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FAQs and Claims Process for Historic Abuse

Thompsons Solicitors Scotland provides comprehensive support and guidance for survivors of historical abuse. Below are frequently asked questions and an overview of the claims process to help you understand your rights and how we can support you.

Yes, Thompsons collaborates with leading Scottish charities that support survivors of physical, mental, or sexual abuse. We can connect you with these organisations to provide support, help, and advice for you and your family.

While evidence is typically required to support your case, our specialist team has an extensive database of information that may assist. We will discuss the evidence-gathering process with you and provide assistance throughout.

The Limitation (Childhood Abuse) (Scotland) Act 2017, introduced in June 2017, removed the usual three-year period within which compensation claims for personal injuries, including abuse, must be raised. Previously, a 'time bar' defense often prevented cases from proceeding. This time limit has now been lifted. Our specialist lawyers can provide further advice on the information required for a successful outcome.

You can pursue a civil claim even if the abuse was not reported to the police. However, to apply for compensation from the Criminal Injuries Compensation Authority (CICA), the crime must have been reported. We are available to discuss your options further in this respect.

es. The Limitation (Childhood Abuse) (Scotland) Act 2017 removed the time limits barring survivors from pursuing compensation if the abuse occurred before they turned 18 years of age.

In such cases, the best route to seek redress and compensation is often through the CICA. Our specialist team will discuss the process with you, ensuring you fully understand and assist you with your compensation claim.

Yes. This does not prevent you pursuing a claim.

Every case is different. In many circumstances, the claim will be against the organisation responsible for your care. If the abuse is not related to care, our lawyers will discuss this with you confidentially and advise if a civil claim can be made.

Yes. We treat your case and information with the strictest confidence. Your information will only be shared with your consent and only with those who will also maintain confidentiality. We provide initial advice before pursuing a compensation claim and can offer anonymous initial advice if preferred.

It is unlikely you will need to appear in court, as most cases settle before any hearing. If a hearing is required, we will ensure you are fully prepared and supported throughout.

There are no specific time limits but we would urge you to contact us as soon as you feel able to do so as doing so as that may strengthen your case.

Historic Abuse Claims Process

The Life Impact Team at Thompsons is here to make the process of obtaining compensation for historic abuse as straightforward as possible.

Investigating Your Claim

We begin by discussing your specific circumstances and providing tailored advice. We understand how difficult it can be to talk about past experiences, so we will work at your pace.

We gather information about when and where the abuse occurred, using details you provide or obtaining records from sources such as social services, police, or witnesses. Our extensive database may also provide additional supporting information.

Once all evidence is gathered, we will identify the defender(s) against whom the claim should be brought. This could involve multiple parties.

You can trust that we will keep you updated throughout the investigation process.

Intimating Your Claim

After identifying the defender(s), we will pursue a civil claim, a CICA application, or both, depending on your circumstances.

Our team will work to have the defender(s) take responsibility for their actions and make an appropriate offer to settle your case. If the offer does not fully compensate you, we will discuss the possibility of raising court proceedings.

Court Proceedings

If court proceedings are necessary, they will be handled through the civil court system, which differs significantly from criminal courts. While most cases settle before a hearing, we will ensure you are fully prepared if a hearing (Proof) is required. Special measures will be requested to make the process as comfortable as possible for you.

Settling Your Claim

If your claim is successful, you will be awarded compensation for physical and mental injuries caused by the abuse. We will also assess if financial losses, such as lost income, pension rights, or medical costs, should be included in your claim.

Every case is unique, so we provide tailored advice on the potential value of your case based on your specific circumstances.

Your Privacy

Your privacy is of utmost importance to us. We handle all claims anonymously whenever possible. If court proceedings are required, we will request that your case details be anonymised to ensure your identity remains protected.

If you have any concerns about how your information will be handled, please speak to us.

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