If you are interested in learning about claiming grievous bodily harm (GBH) compensation, this guide may be of help to you. We will explore what GBH is and the role of the Criminal Injuries Compensation Authority (CICA).
The ways in which compensation is awarded will also be examined alongside how much your payout could be worth in the event of a successful claim. We will also look at how claiming via a No Win No Fee agreement could help you, as well as the services our assault claim solicitors can provide that could help you.
Lastly, if you have any questions, please do not hesitate to speak with an advisor from our team. They are on call around the clock to offer you a free consultation. You can get in touch by:
Choose A Section
- When Can You Claim GBH Compensation?
- What Potential GBH Compensation Could You Receive From A CICA Claim?
- What Is The Difference Between GBH And ABH?
- CICA Claims – What Do You Need To Claim?
- Make A No Win No Fee GBH Compensation Claim Using Our Panel Of Solicitors
- Learn More About Making An Assault Claim
This guide will focus on claiming GBH compensation through the CICA. The CICA offer a route for victims of crimes of violence to seek compensation when no other options are available. They include a definition in their Criminal Injuries Compensation Scheme 2012, and this definition includes violent attacks. It also includes other forms of harm, such as sexual abuse or arson, which can cause burn injuries and other forms of harm.
The following are essential criteria for claiming through the CICA:
- The incident has been reported to the police
- The incident happened in England, Wales, Scotland or another relevant place
- You sustained injuries as a direct result of a violent crime
If you would like to find out whether you are entitled to make a CICA claim, please contact our team of advisors. If they feel your case is valid, they could connect you with a No Win No Fee solicitor from our panel to work on your case.
If your claim is successful, the GBH compensation you will be awarded may comprise two heads of claim. Compensation is awarded for any physical and mental harm that is caused by the incident. This is valued in line with the tariff set out in their 2012 Scheme. As per the tariff, you can only claim for 3 injuries, and these will be valued in the following ways:
- 100% of the tariff amount will be awarded for the most severe injury
- 30% for the second most serious injury
- 15% for the third most serious injury
Payments could be made for injuries that are not found in this main tariff. This formula does not apply in these cases. Below, we have included a list of criminal injury compensation tariff amounts from the CICA.
|Very serious brain damage. Serious physical affects which brings a shortened life expectancy.
|The loss of sight in one eye where there was already no sight in the uninjured eye.
|Loss of both thumbs.
|Paralysis or the equal loss of functionality in the dominant arm.
|The complete loss of smell and taste.
|Multiple face fractures, for example Le Fort types 2 and 3.
|When three or more organs need treatment.
|Continuing partial deafness to both ears.
|Seriously disfiguring scarring of the head.
|Damage to four or more teeth.
Special Expenses In Criminal Injury Claims
You could also be owed compensation for special expenses if you experience certain financial losses due to the incident. This could account for:
- The cost of any equipment that you rely on as a physical aid, for instance, glasses that were damaged in the incident
- Medical expenses
- Home adaptations
- Loss of earnings
- Care costs
Our advisors can offer you a personalised insight as to how much assault compensation you could be owed if your claim is successful. Please do not hesitate to get in touch.
Actual bodily harm (ABH) and grievous bodily harm (GBH) are both criminal offences. ABH is where the assailant intentionally or recklessly assaults someone else, and this assault cases actual bodily harm. The harm caused does not need to be permanent but needs to be more than trifling.
The main distinction between ABH and GBH is the level of harm caused. “Grievous” in this context can be understood to mean “really serious”. Life-changing injuries should be charged under this offence. One of the indications of this is the level of medical care that is needed; for example, a stay in intensive care after being stabbed might indicate injuries that should be charged under this offence.
If you have any more questions or would like to know how much GBH compensation you could be entitled to, please get in touch with our advisors.
You must be able to prove that you meet the eligibility criteria to claim GBH compensation through the CICA. This could include evidence such as:
- Proof that you meet residency requirements
- A police reference number – without reporting the incident to the police, you cannot make a CICA claim
- Medical records
- Proof of any monetary impact
Our team of advisors can provide more information on the evidence that can be used to support your case if you get in touch. If they feel your claim is valid, they could connect you with a No Win No Fee lawyer.
What Is The Time Limit To Making An Assault Claim Through The CICA?
The time limit to make CICA is typically two years from when the incident is reported to the police. The CICA expect this to be immediately after the incident; however, an exception may be made if you can prove there were extenuating circumstances which prevented you from reporting.
Similarly, if you reported the incident straight away but failed to make your claim within the two-year timeframe, but this happened because of exceptional circumstances, then your claim could still be considered.
If you would like more details regarding CICA claim time limits, please get in touch with an advisor from our team.
It can be beneficial to be represented by a solicitor working under a No Win No Fee agreement. This allows you access to the services of a solicitor without paying them anything upfront.
The criminal injury solicitors from our panel typically ask claimants to enter a Conditional Fee Agreement (CFA). If you enter this type of contract, there are usually no fees required for your solicitor’s services upfront or while your claim is ongoing.
Furthermore, under a CFA, you only have to pay your solicitor if your claim is successful. In the event of an unsuccessful claim, no payment will be expected for the work they’ve done.
If your claim is won, you must pay your solicitor a success fee. This is capped by law, which guarantees you receive the majority of your GBH compensation.
Our advisors can evaluate your claim to determine whether you are entitled to claim on this basis. If you are, they could set you up with a No Win No Fee solicitor from our panel.
Here are some more guides of our own that could be of use to you when seeking violent crime compensation:
- How much is a broken rib worth in compensation?
- A guide on broken jaw claims
- Eye injury claim amounts
- Making A Criminal Burn Injury Claim
We have also included additional reading that could be helpful with respect to CICA claims:
Thank you for reading this guide on claiming GBH compensation. If you have any questions that still need to be answered, please get in touch with an advisor from our team.
Writer Beck Patch
Publisher Fern Stringer