Claims For GBH Explained
This guide will provide you with information on GBH claims. If you’ve been the victim of assault that has led to Grievous Bodily Harm (GBH), you may be wondering whether you can seek compensation. We will discuss the process of doing so as well as the compensation you could receive in more detail throughout our guide.
GBH claims guide
Our guide also contains information about three different avenues of claiming that may be available to you, though it will focus mostly on claiming through the Criminal Injuries Compensation Authority (CICA). This is a government body that provides a way for victims of violent crimes to seek compensation where no other avenue is available.
Later in the guide, we will provide information about how you may be able to claim using a No Win No Fee agreement.
Read on to find out more. Alternatively, our advisers can offer legal insight into your potential claim during a free consultation. You can reach an adviser by:
- Calling on 020 8050 2736
- Using our contact form
- Speaking with an adviser via the live chat box below.
Choose A Section
- A Guide To GBH Claims
- GBH Claims – When Are You Eligible To Seek Compensation?
- What Violent Crime Compensation Could You Receive?
- What Evidence Would You Need To Support A Criminal Injuries Compensation Claim?
- Can I Claim Compensation For GBH On A No Win No Fee Basis?
- Learn More About GBH Claims
A Guide To GBH Claims
GBH is a criminal offence defined by the Crown Prosecution Service (CPS). GBH necessitates harm that is really serious or life-changing in nature. This could include injuries that require medical treatment such as a blood transfusion.
The assault itself could take different forms, including an acid attack or a stabbing. Additionally, a range of injuries can be sustained as a result of GBH, including:
- Broken or fractured bones, such as a broken jaw or broken nose
- Injuries involving bullet or stab wounds
- Burns
You may be able to claim for injuries sustained during a violent crime, regardless of whether the assailant is charged or identified. We will discuss this further in the next section, but you can call our advisers if you have any questions about GBH claims.
GBH Claims – When Are You Eligible To Seek Compensation?
There are three potential avenues by which you may be able to claim compensation for GBH.
Firstly, you may be able to claim directly against the perpetrator. However, this can only be done when you know their identity and they have the funds or means to pay compensation.
Secondly, you may be able to claim against a third party that was vicariously liable. This could occur if an organisation, such as the company that employs you, breached the duty of care it owed you.
Finally, if neither of those avenues is available to you, your claim may be directed through the CICA. This government agency was set up so that the victims of violent crime would have a way to claim compensation for their injuries.
The CICA has certain eligibility requirements you must meet to claim through them. These requirements include:
- The crime must have occurred in England, Scotland, or Wales. It can also have occurred in another relevant location, such as a ship that is registered to one of the countries listed above.
- The crime must have been reported to the police.
- The crime must fulfill the definition of a crime of violence which is set out by the CICA. This can include a physical attack or the threat of attack.
For more information on the criminal injuries compensation eligibility that must be met for GBH claims, please get in touch on the number above.
What Violent Crime Compensation Could You Receive?
The CICA can award a payment for your injuries in line with the tariff found in the Criminal Injuries Compensation Scheme 2012.
The Scheme can award a payment for a maximum of three injuries. If you are seeking compensation for two or more injuries, they will be valued according to the multiple injury formula.
This means you will receive the full tariff value for the most serious injury, 30% of the tariff value for the second most or equally serious injury and 15% for the third most or equally serious injury.
Below, we have included a table using figures from the tariff. As an alternative, you could use our criminal injury claim calculator.
Injury | Amount | Further Information |
---|---|---|
Brain Damage | £82,000 | Moderate brain damage that results in significant reliance upon others, an intellectual deficit, personality change, and other issues. |
Hand | £55,000 | Loss of function or equivalent loss of function of one dominant hand. |
Burns that cause more than minor disfigurement | £27,000 | Severe burns to the face. |
Eye | £13,500 | Blow out or other fracture of the orbital bone eye cavity that is serious. |
Wrist | £11,000 | Fractures of both wrists that lead to a continuing and significant disability. |
Face | £11,000 | Multiple fractures to the face, such as Le Fort fractures type II and III. |
Tendon, Ligament, and/or Cartilage Damage | £6,200 | Moderate damage to both arms, leading to continuing significant disability. |
Elbow | £6,200 | Dislocation or fracture of one elbow with continuing significant disability. |
Skull | £3,500 | Simple fracture of the skull that requires an operation. |
Clavicle | £2,400 | One fractured clavicle that leads to continuing significant disability. |
In addition to a payment for your injuries, you could also receive a payment for loss of earnings and special expenses, provided you meet the relevant eligibility criteria.
Please get in touch to learn more about compensation awarded in GBH claims. An advisor can discuss whether you could be eligible to receive a loss of earnings or special expenses payment.
What Evidence Would You Need To Support A Criminal Injuries Compensation Claim?
You may be asked to provide certain pieces of evidence when claiming through the CICA. These could include:
- Showing you meet the residency requirements
- Showing medical evidence relating to your injuries
- Showing financial evidence relating to any financial losses
- Proof that you reported the incident to the police.
To learn more about the GBH claims process, please get in touch using the number above.
Is There A CICA Claim Time Limit?
The CICA claim time limit is usually two years from when the incident was reported to the police. It’s expected that this is done as soon as possible. However, if there is evidence that extenuating circumstances prevented you from doing so, exceptions can be made.
Additionally, exceptions can also be made to the two year time limit in which you have to begin your claim. However, you would need evidence that extenuating circumstances prevented you from doing so.
Contact our advisers to learn more about how long you have to claim criminal injury compensation.
Can I Claim Compensation For GBH On A No Win No Fee Basis?
You may benefit from working with a criminal injury solicitor from our panel. They have experience handling cases similar to your own and can help you navigate the different stages of the GBH claims process.
The solicitors on our panel may offer you a particular type of No Win No Fee agreement. This agreement, known as a Conditional Fee Agreement (CFA), means that you generally do not have to pay for the work your solicitor has done if your claim fails.
Instead, your solicitor will take a small success fee at the end of the process if your claim succeeds. This fee, which is subject to a legal cap, is taken from your compensation.
Contact Us For Free To See If You Can Make A Criminal Injuries Compensation Claim
Our advisers can provide further information on GBH claims. They are available 24/7 to offer free legal advice. To get in touch:
- Call on 020 8050 2736
- Use our contact form
- Talk to an adviser via the chat box below
Learn More About GBH Claims
Below we have included more of our guides:
- A Guide To Using An Assault Claim Calculator
- Top Tips For Claiming Compensation For Assault And Battery
- The Steps Involved When Claiming Compensation For GBH
We have also provided external resources:
- Your Rights After A Crime – GOV
- Offences Against The Person Incorporating Standard – CPS
- Emotional Support – Victim Support
Thank you for taking the time to read this guide on GBH claims. Contact us using the details below if you have further questions.
Writer Morgan Fox
Editor Meg Maloney