Welcome to our guide on claiming compensation for those who have been injured as a result of Grievous Bodily Harm (GBH). In this guide, we will look at the channels that are available to you in claiming GBH compensation.
When making a criminal injury claim, you could claim against the perpetrator directly if you know who they are and they have the funds to provide compensation. However, this may not always be possible.
You can make a claim through the Criminal Injuries Compensation Authority (CICA) if you don’t know who your attacker was, or if they’re able to pay you compensation. This is a government-sponsored executive agency that aims to compensate victims of violent crime. This could include sexual assault, rape and GBH.
Compensation from the CICA is set in a tariff of injuries in the Criminal Injuries Compensation Scheme. The figures are set at a flat rate, so there is no need to take a case to court to negotiate more compensation. However, if you’re unhappy with the decision that has been made there is the option to appeal.
Read on to find out more about how to claim GBH compensation. You can also get in touch with us at any time for free, specialised legal advice about your claim. Our team of advisors can connect you with a solicitor from our panel to start a criminal injury claim today.
Select A Section
- What Is Assault Or GBH?
- Action To Take
- Applying To The Criminal Injuries Compensation Authority
- How Does The GBH Compensation Process Work?
- Calculating GBH Compensation Payouts
- Start Your No Win No Fee GBH Compensation Claim Now
Under the Offences Against the Person Act 1861, GBH is considered a crime in England and Wales. This Act defines it as the unlawful and malicious wounding or infliction of grievous bodily harm on another person, whether with or without a weapon. This could include several offences, such as causing harm with weapons such as guns or knives, poisoning or attempting to choke.
This is different from Actual Bodily Harm (ABH), which is a less severe injury or hurt intended to interfere with the comfort or health of another.
Assault or GBH can result in serious injuries that have lifelong consequences. This is the simplest way to differentiate between GBH and ABH cases; the severity of the resulting injuries.
It is also important to note that the person does not need to have intended the GBH to be still found guilty. Their intent needs only to apply to the unlawful force that led to harm. For example, if someone pushed you in an argument without intent to do serious harm, but you still fell and fractured your hip, you could still claim for GBH even though they didn’t intend to cause you to break a bone.
Get in touch today to find out more about what could be classed as GBH and how you could claim GBH compensation.
What Harm Could Be Caused By GBH?
Due to the broad nature of offences that could be considered GBH, there could be a multitude of injuries that result from it. These could include, but are not limited to:
- Dislocations and fractures, like a dislocated shoulder or a fractured neck
- Cuts and bruises
- Laceration injuries
- Brain damage
- Internal injuries, for example, a kidney injury
The injuries resulting from GBH could lead to serious and permanent consequences. If this has happened, you could claim compensation.
For example, if you were the victim of an acid attack and you suffered bodily harm as a result, you could potentially make a claim. Another example could be if someone stabbed you during a mugging. In both instances, the perpetrator used unlawful force purposefully.
If you have been a victim of GBH, there are a few steps you can take before you start a GBH compensation claim. We’ve explained some of these below.
Seeking medical care
The CICA may also request medical evidence from you to support your case. You’ll be expected to cover the cost of obtaining this evidence up to the value of £50. If the evidence costs more than this, or you can demonstrate that you cannot afford the medical evidence, the CICA may cover this.
Reporting GBH To The Police
If you are making a claim through the CICA, it is also important that you report what has happened to the police as soon as possible. You cannot make a claim compensation through the CICA without first reporting the incident to the police.
The CICA will contact the police about your case to see what evidence they have gathered. This will help them decide if your claim is valid.
What other steps could you take towards claiming GBH compensation? Call our advisors today to find out.
As aforementioned, the CICA is the government agency that aims to reimburse people if they’ve been harmed as a result of a violent crime. Under the Criminal Injuries Compensation Act 1995, the Criminal Injuries Compensation Scheme was introduced in England, Scotland, and Wales. It was created to award compensation to people injured in crimes of violence.
To be eligible to apply to the Scheme, you must have sustained a criminal injury that directly resulted from being a victim of a violent crime. The definition of a violent crime is outlined in the Criminal Injuries Compensation Scheme.
It is also important that you start your claim within 2 years of the incident. However, there are exceptions in the cases of claiming on behalf of children or those with diminished mental capacity.
If you start your claim outside this time limit, then you will need to provide enough evidence that a CICA claims officer won’t need to carry out their own extensive investigations.
To find out more about how you could claim compensation for GBH through the Criminal Injuries Compensation Scheme, get in touch with our team of advisors.
This section will highlight the key steps in the GBH compensation process. For the most part, the steps for claiming through the CICA could go as follows:
- Report the incident to the police
- Seek medical attention
- Hire a solicitor. This isn’t a legal requirement but is something we always recommend to make the claims process run more smoothly.
- Collect evidence. This could be evidence of the incident (for example, in the form of witness statements or CCTV footage), of your injuries (you could provide medical records) or of any financial impact that your injury has had on you.
Get in touch with our advisors today. A member of our team may be able to connect you with a solicitor from our panel who can help you.
This section includes a table of compensation amounts taken from the tariff of injuries in the Criminal Injury Compensation Scheme. These amounts are set at a flat rate for all applicants.
|Area of the Body||Injury Type||Amount||Notes|
|Face||Burns||£27,000||These burns will be severe and cause more than a minor disfigurement.|
|Ear||Loss of Ear||£19,000||You could claim this amount for the loss of both ears.|
|Nose||Loss of Nose||£2,400||You could claim here for the loss of at least 10% of the nose.|
|Skull||Fracture||£3,500||This could cover simple skull fractures that require surgery.|
|Elbow||Dislocation/Fracture||£6,200||Both elbows will be dislocated or fractured with a substantial recovery made.|
|Wrist||Fracture||£11,000||Both wrists will have been fractured, leading to a long-lasting and significant disability.|
|Abdomen||Scarring||£1,000||You could claim for scarring that has left significant disfigurement.|
|Lung||Puncture||£4,600||To claim here, both lungs will have been punctured.|
|Hip||Fracture/Dislocation||£2,400||Here, only one hip will have been fractured or dislocated, with a substantial recovery being made.|
|Knee||Dislocation||£3,500||One knee will have been dislocated, leading to a lasting and significant disability.|
You could also claim special expenses or loss of earnings in your GBH compensation claim. Special expenses aim to cover costs that have directly resulted from your injury. You could potentially claim for:
- Funeral costs
- Adaptions to the home
- The cost of physical aids
- Property damage
To claim special expenses, you must prove the costs to be reasonable and necessary. You also need to have been out of work for 28 weeks or more due to your injury. However, special expenses payments will be backdated to reflect losses from the date of your injury.
In order to make a loss of earnings claim, you must also have been out of work for at least 28 weeks. However, you will only be compensated for the loss of earnings from week 29 onwards.
Get in touch with our advisors today for more details on what you could claim through the CICA.
When you hire a solicitor in the traditional way, you may end up paying large legal fees with no guarantee of receiving compensation.
You should know that the solicitors on our panel offer their services on a No Win No Fee basis. This means you are not required to pay your solicitor for their work if you do not receive compensation in your claim. You also don’t need to be worried about upfront or ongoing costs.
However, your solicitor will deduct a success fee as payment if your GBH compensation claim is successful. Your solicitor will only take this once your compensation is fully paid. The success fee is subject to a legal cap, meaning you will keep the majority of the compensation you are awarded.
Does a No Win No Fee agreement sound appealing to you? Why not get in touch with our team of advisors today for more information? They could pass you on to a criminal injury solicitor from our panel to help you start your claim.
Support For Victims of Assault
Manslaughter and Murder Victim Compensation Claims – A guide on how to claim for victims of murder or manslaughter.
Historic Sexual Abuse Claims – This article could help you if you’re wondering whether you could be compensated for historic sexual abuse.
Can You Claim for a Hit and Run Via the CICA? – Our guide on if you could claim for a hit and run accident through the CICA.
Victim Support – A registered charity that helps those affected by traumatic incidents and crime in England and Wales.
Get Support as a Victim of Crime – A government page on the support options available to you as a victim of crime.
Victim and Witness Support – The Crown Prosecution Service’s page on their commitments to support victims and witnesses of crime.
Thank you for reading our guide on how to claim GBH compensation.
Article by AO