Historic Abuse Claims video transcript

The subject of historic abuse is frequently reported on in the media as survivors of abuse are finding the strength to come forward and report their abusers to the police. Abuse includes one or more of physical, sexual, emotional abuse or neglect, and it generally refers to abuse suffered under the age of 18.

Such survivors have the right to look to receive compensation for the abuse and the impact it has had on their lives. That compensation can help them in getting the treatment they need to deal with the abuse they have survived.

With personal injury compensation claims, the general rule is that a claim must be resolved or an action raised and served against the defender within three years of the incident, although the court can decide to allow claims after that deadline. For survivors of abuse, that time limit often meant that they either missed their opportunity to claim compensation or that they had to persuade the court to allow the claim to go ahead after the three-year deadline.

However, recent changes in the law in Scotland have removed that three-year time limit in certain circumstances. This means that survivors of abuse no longer have to persuade the court to allow their claim to go ahead if it’s more than three years since the abuse took place.

Instead, it is up to the defender to persuade the court that they would not be able to get a fair trial.  

This places the burden on the defender and is one less hurdle for a survivor to overcome if they wish to pursue a claim through the courts.  Survivors now also have another avenue to consider for compensation, this is the recently introduced Redress Scheme, and this does not involve going to court.

We understand that speaking out about abuse can be difficult for survivors.  

At the start of any potential claim, we need to take a full statement to allow us to consider whether we can help you or not. We do understand that this can be traumatic. We can arrange telephone, video, and in-person appointments to help guide you through that process.

Sometimes survivors find it easier to provide us with their own written account first.  This allows us to direct our questions to areas where we need further information.

Once we have all of the information, we will talk you through your options and help you make the best decision for you, whether that is making a civil claim for compensation or applying under the Redress Scheme. 

At Thorntons, our personal injury team are experienced in dealing with historic abuse claims.

We will work to support you through the whole claims process, helping you obtain the compensation you are entitled to.