Being assaulted can be a traumatic experience which may leave you with mental and physical injuries. If you have been the victim of a violent crime such as grievous bodily harm (GBH), you could be able to claim GBH compensation via the Criminal Injuries Compensation Authority (CICA).
In this guide, we explain who the CICA are and when you may be able to make an eligible claim through them. We also look at how long you have to begin these proceedings. Additionally, we look at the types of evidence the CICA will ask you for and how much compensation for GBH you may be awarded. Finally we look at how a No Win No Fee solicitor from our panel could help you to make a criminal injuries compensation claim.
If, after finishing this guide, you have any questions about assault compensation claims through the CICA, you can contact one of our advisors. They can also offer you free advice for your case:
- Phone our team on 0333 000 0729
- Make an online enquiry about your case here
- Or use the live support feature.
Browse Our Guide
- What Is Grievous Bodily Harm (GBH)?
- Can I Claim GBH Compensation?
- How Long Do I Have To Make A GBH Compensation Claim?
- What Do I Need To Claim Criminal Injury Compensation?
- How Much Could My GBH Compensation Amount Be?
- Why Claim Criminal Injuries Compensation On A No Win No Fee Basis?
- More Resources About How To Claim Compensation For Criminal Injuries
What Is Grievous Bodily Harm (GBH)?
Grievous bodily harm (GBH) is a type of criminal injury which is considered more serious than common assault. GBH is a severe offence where the victim has suffered serious injuries that have the potential to be life-altering. GBH is split into two categories. These are:
- GBH with intent
- GBH without intent.
The difference between the two is the intention of the assailant to wound the victim. GBH can include both physical and psychological injuries.
Examples of physical injuries classified as GBH may include:
- A broken or fractured bone.
- Concussions or skull fractures.
- Deep lacerations.
- Injuries resulting in permanent disabilities.
What Is The Difference Between ABH And GBH?
Grievous Bodily Harm is distinguished from Actual Bodily Harm (ABH) in that injuries in this category are considered to be more severe. As noted above, GBH may result in injuries which have a long-term impact on the victim, whereas ABH usually results in less severe injuries.
If you are unsure whether you have suffered GBH or ABH, you can contact one of our advisors. They can also assess whether you may have a valid claim.
Can I Claim GBH Compensation?
If you have suffered GBH, you could potentially make a claim directly against the perpetrator or against a vicariously liable party.
However, in certain cases, this may not be possible. For example, you may not know who the perpetrator was.
In these instances, there is another avenue of claiming compensation. You could make a criminal injury claim through the Criminal Injuries Compensation Authority (CICA). The CICA is a government agency which administers the Criminal Injuries Compensation Scheme (CICA). The scheme is used to assess how much compensation you are entitled to and whether you have a valid claim.
You could make a GBH compensation claim through the CICA if you meet the following criteria:
- You will have been harmed in a violent crime, such as suffering a broken bone in an assault.
- The incident that injured you must have taken place in England, Scotland, Wales or another relevant place such as a boat which is registered in one of the countries above.
- The crime must have been reported to the police.
- You must be within the applicable time limit. We will discuss this in the next section.
Our team can help assess your eligibility to make a GBH compensation claim through the CICA. Contact our advisors today for a free eligibility case check.
How Long Do I Have To Make A GBH Compensation Claim?
When claiming compensation for GBH through the CICA, you need to do so within the applicable time limit. The standard time limit to make a criminal injury claim is two years from the date of the incident.
There may be circumstances in which expectations could be made to this time limit. However, you will need to show that there are exceptional circumstances which stopped you from starting a claim within this time frame.
Can I Claim If The GBH Happened Years Ago?
As previously aforementioned, you may be able to make a claim outside of the two-year time frame if you can prove exceptional circumstances prevented you from doing so. However, these are assessed on a case-by-case basis.
If you were criminally injured while under the age of 18, the time limits are as follows:
- If the incident was not reported to the police, you will have two years in which to make a criminal injury claim from the date the incident was reported to the police. You will have to show why this was not reported to the police earlier. An example may be instances of historic sexual abuse.
- If the incident was reported to the police, you will have two years in which to claim starting from your 18th birthday.
To see whether you are still within the CICA time limit to claim GBH compensation, you can contact our advisors.
What Do I Need To Claim Criminal Injury Compensation?
In order to make a GBH compensation claim through the CICA, as well as meeting the eligibility requirements, you will need to supply the following evidence:
- Your crime reference number. This number proves that the incident was reported to the police. This also helps the CICA to liaise with the police to secure any further evidence related to your case.
- Proof that you meet the residency requirements.
- Proof of your injuries. Medical evidence could include copies of your medical records.
To discuss your criminal assault claim, you can contact one of our advisors.
How Much Could My GBH Compensation Amount Be?
If you make a successful GBH compensation claim through the CICA, you will receive compensation for the injuries you have suffered.
The injuries you have suffered with be valued in line with the fixed tariff within The Scheme. The exact amount listed for the injury you have suffered is the amount you will receive if your claim is a success.
You can also make a claim for up to three injuries. Under the multiple injuries formula, how much compensation you receive for each injury will be as follows:
- The full amount for your highest-valued injury.
- 30% for the second-highest-valued injury.
- 15% for the third highest-valued injury.
In the table below, we have included examples of CICA payouts taken from the tariff of injuries. Please note, however, that the first row has not been taken from this tariff.
Injury | Severity | Notes | Compensation Tariff |
---|---|---|---|
Multiple serious injuries, loss of earnings and special expenses. | Serious | Compensation for multiple serious injuries, special expenses and lost income. | Up to £500,000 |
Brain damage | Moderate | Significant moderate brain damage with some dependence on others. | £82,000 |
Moderate | Slight moderate brain damage with an intellectual deficit. | £27,000 | |
Mental injury | Disabling mental injury | Not permanent but lasting 5 or more years. | £13,500 |
Eye injury | Serious | Permanent blurred or double vision. | £13,500 |
Scarring to the face | Serious | Serious disfigurement. | £11,000 |
Elbow injury | Dislocation or fracture | Affecting one elbow and causing a continuing significant disability. | £6,200 |
Face injury | Multiple | Multiple face fractures | £11,000 |
Fractured Jaw Bone | No operation is required but there is a continuing significant disability. | £3,500 | |
Radius (forearm bone) injury | Fracture to one arm | There will be a substantial recovery. | £1,500 |
Special Expenses
You could also be entitled to receive special expenses. The CICA will assess these on a case-by-case basis, but you could receive:
- Costs related to care for food preparation or regarding your bodily functions.
- The cost of equipment you rely on as a physical aid, such as hearing aid, which was damaged by the attack.
- Adaptations to your residence or vehicle.
Additionally, you may be compensated for lost income. You will need to satisfy certain criteria in order to claim fo your lost earnings.
Contact our team of advisors today for a free valuation of your potential GBH compensation.
Why Claim Criminal Injuries Compensation On A No Win No Fee Basis?
Our panel of solicitors are experienced in handling criminal assault claims for GBH compensation. Additionally, one of them could offer their services to you through a Conditional Fee Agreement.
With this No Win No Fee arrangement in place, you will not need to pay anything for their services prior to the claim starting or while it is progressing. You also won’t have to pay fro their completed services if the claim is not a success.
If your assault compensation claim is a success, you will receive compensation and your solicitor will deduct a success fee from this. The law limits the percentage that they can take as this fee.
If you have any questions about the criminal injury claims process, or would like to know whether you could be eligible to work with a No Win No Fee solicitor from our panel, you can contact our advisors:
- Call us now on 0333 000 0729
- Start an online enquiry about your claim.
- Talk to us using our live support feature.
More Resources About How To Claim Compensation For Criminal Injuries
Additional criminal injury claims guides:
- If you have been the victim of an assault, our team could help you make an assault compensation claim.
- This guide helps to explain how to make victim of murder compensation claims.
- Guidance on sexual abuse claims made through the CICA.
External resources:
- If you have been criminally assaulted, victim support could provide you with help and support.
- You can report a crime incident online, over the phone or in person using this police resource.
- Find out more about your rights after a crime in this government resource.
To find out if you could claim GBH compensation, please contact us for free using the details above.