Assaults claims

Going on holiday is one of those events which we all look forward to. It is a time to relax, recharge the batteries and generally enjoy ourselves.

In most cases people return home with plenty of good memories of their holiday to share with others. But, unfortunately, there are people who experience a violent assault whilst abroad which causes physical and mental trauma. This can persist long after they have returned home.

Physical assaults or personal attacks are not restricted to the UK: they occur in many other areas of the world and are just as distressing. These result in physical and/or psychological injury and in a few cases, can be fatal.

What does an assaults claim include?

This personal injury category includes:

• Physical assault, e.g. mugging
• Sexual assault, e.g. rape

If such an event occurs then whoever is responsible is liable in the same way as if this occurred in the UK. They may be partly or fully liable for any injury and/or distress caused to you.

If you have been attacked whilst on holiday then you may be able to claim for compensation via your travel company. This applies if you are on a package holiday with a particular tour company.

Making a claim for an assault whilst abroad

A claim can be made against the person (or persons) who attacked you or against your travel company if the assault occurred whilst you were on holiday.

The travel company has a duty of care to its clients and you may be able to prove that they failed in this and to ensure your safety whilst abroad.

You can also make a claim if you suffered an assault whilst working abroad.

This is classed as ‘criminal injury compensation’.

Criminal injuries sustained in the UK are discussed in a separate section –see our crime and abuse section of this guide. You can make a claim for compensation in the UK from the Criminal Injury Compensation Authority (CICA) which is discussed in more detail. See our making a claim for compensation section.

Criminal injuries sustained whilst abroad are discussed below.

Criminal injuries abroad

If you are unlucky to experience a violent assault whilst abroad then you will require help in making a claim for compensation. You can ask for help at the British Embassy in the country you are staying in. They should be able to put you in touch with a criminal injury lawyer who can advise you about making a claim.

Another option is to speak to someone at the Criminal Injury Compensation Authority (CICA), who are based in the UK, and ask them about the process of making a compensation claim in a foreign country.

Many countries, especially those within the EU will have a similar compensation scheme to that in the UK. Ask CICA for advice on making a claim if your injury has been sustained in a country outside of the EU.

Time limit for claiming compensation for an assault abroad

CICA advises people to report their assault to the police as soon as possible. They also advise people to make a claim for compensation within 2 years from the date of the assault.

Contact CICA for further advice and information.

If you want to know more about the claims process in general then visit our making a claim for compensation section.