The Steps Involved When Claiming Compensation For GBH

This guide will explain the process of claiming grievous bodily harm (GBH) compensation. If you’ve been injured in a crime of violence, there are several channels through which you could potentially be entitled to claim. In this guide, we will focus on applying for compensation through the Criminal Injuries Compensation Authority (CICA). 

GBH compensation

GBH compensation claim guide

In this guide, we’ll look at when you could claim assault compensation and how much compensation you could be entitled to. We will also take a look at how a solicitor from our panel could assist you in making a claim. 

We have a team of advisors that can provide you with advice and support on your circumstances. Furthermore, if they feel that your claim is valid, they could connect you with a No Win No Fee solicitor from our panel to work on your GBH compensation claim. 

You can:

  • Talk to us today about your claim through our live chat 
  • Contact us through our online contact form
  • Call us on the number at the top of this page 

Choose A Section

  1. GBH Compensation- A Guide on How To Claim
  2. Can I Make a CICA Claim?
  3. GBH Compensation – Potential Criminal Injury Payouts
  4. CICA Claims – What Evidence Do You Need?
  5. Why Use No Win No Fee Solicitors For a Criminal Injury?
  6. Learn More About Claiming For GBH Compensation

GBH Compensation – A Guide on How To Claim

Assault occasioning Grievous Bodily Harm (GBH) is a kind of offence against the person. Other kinds of violent crime include common assault and assault and battery

In GBH, the harm that is caused needs to be really serious. However, there is no requirement for the injuries to be permanent or dangerous. For example, a stabbing or a broken nose that breaks the skin could result in a full recovery but still be an example of GBH.

Furthermore, the injuries should be considered in the context of the injured person; for example, injuries that do not meet the requirements for GBH when inflicted upon a 6-foot-tall fully grown man may do so if the victim is younger, smaller or vulnerable in another way. This precedent was set out in the case of R v Bollom [2003].

If you have experienced harm as the result of a crime of violence, then you could be entitled to claim GBH compensation. Read on for guidance on how this can be done. Otherwise, you can speak with a member of our team today for free legal advice and guidance about the process of securing criminal injuries compensation.

Can I Make a CICA Claim?

The Criminal Injury Compensation Authority (CICA) is an executive agency that receives funding from the government. They can award victims who have been injured in violent crimes compensation for the harm that they have undergone.

The CICA should only be used as a last resort when seeking compensation. If there is a possibility for you to receive compensation for compensation from another source, then it will be expected that you will do this.

Below, we have included examples of the two other potential channels for receiving compensation following harm caused by a criminal injury:

  • Claiming directly against the responsible party. If the party who was directly responsible for the attack on you has the means available to compensate you, then you could pursue a claim against them directly. You would need to know who they are in order to do this.
  • Claiming against a vicariously liable party. In some cases, a party with a duty of care towards you could be responsible for a criminal injury. For example, if you were concerned that a coworker was making threats towards you and you raised this with your employer, but they failed to take action and disregarded this, then you could claim against them if you were to sustain injuries in an assault at work. You could use an assault compensation calculator to value your case.

There are certain criteria for making a claim through the CICA. For example:

  • The crime must have occurred in England, Scotland, Wales or another relevant place.
  • You must have reported the crime to the police.
  • The claim must begin within the relevant time limit. This is generally 2 years from the date the incident was reported to the police, which is usually expected to be immediately after the incident. Exceptions to the time limit can apply; speak to an advisor to see how long you could have to claim.

For more information on the process of claiming GBH compensation through the CICA, speak with one of our advisors today.

GBH Compensation – Potential Criminal Injury Payouts

The Criminal Injuries Compensation Scheme 2012 outlines the tariff amounts for awards that are made by the CICA. This is used when valuing the payment for your injuries.

Below, we have compiled these figures into a table that you can use instead of a criminal injury claim calculator. These may not reflect the full value of your claim, as there is another potential head of claim that you could be entitled to and that we look at below.

Injury Type CICA CompensationDescription
Eye injury £ 44,000Serious, permanent loss of vision
Scarring of the face£11,000Scarring on the face that has a severely disfiguring effect
Face fractures£11,000Multiple facial fractures
Head injury £ 6,200Minimal, if any, brain damage that is nevertheless permanent.
Skull£4,600A skull fracture that needs to be operated on and is depressed
Nose £ 3,500A nasal injury that causes some loss of taste, smell, or both.
Teeth£3,500Four or more front teeth are lost.
Elbow£6,200Elbow fracture or dislocation causing significant disability that continues.
Arm£3,500Significant disability that continues caused by a fractured ulna.
Arm£1,500
Substantial recovery following a fractured ulna.

You could be awarded compensation for up to three injuries from the main tariff. You would receive 100% of the tariff amount for the injury with the highest value, 30% of the tariff amount for the injury with the second-highest or equal value, and 15% of the tariff amount for the injury with the third-highest or equal value. 

GBH Compensation – What Else Could You Claim For?

You could also receive additional expenses in a GBH compensation claim. For instance, you could receive special expenses or a loss of earnings payment.

Special expenses can be awarded to you to account for any reasonable and necessary costs that you have incurred as a direct result of a crime of violence. For example, this could include the cost of any physical aid that you relied on, and that was damaged in the attack, such as cracked lenses on spectacles or a broken hearing aid.

In order for you to claim special expenses through the CICA, you will need to have lost earnings or earning potential for at least 28 full weeks following the incident. This will be backdated to the date of the incident.

You could also receive compensation for lost earnings. This also requires you to have lost earnings or earning potential for at least 28 weeks after the incident. However, this will not be backdated to the date that the incident occurred.

For more information on how much you could receive in a compensation claim, speak with a member of our team today.

CICA Claims – What Evidence Do You Need?

You will be expected to provide information to the CICA in order for them to process your claim. You will need to show that you reported the incident to the police; you can do this by providing a crime reference number.

Furthermore, you will need to show that you meet the requirements for claiming, namely that you were an ordinary UK resident at the time and date of the incident or that other criteria apply that entitles you to claim.

In addition to this, the CICA may ask you to provide medical evidence or may ask you to attend a medical assessment with a specialist. The CICA will meet reasonable costs that you incur as a result of travelling to an appointment that they have arranged.

The CICA will then be able to liaise with the police regarding your case to confirm:

  • That you cooperated with the police in their investigations
  • That you did not contribute to the incident that led to your injuries
  • Whether you have any unspent criminal convictions that could impact your claim.

For guidance on whether you are eligible to claim GBH compensation, speak with one of our advisors today.

Why Use No Win No Fee Solicitors For a Criminal Injury?

Our solicitors can handle claims on a No Win No Fee basis. In particular, they can offer a kind of No Win No Fee agreement called a Conditional Fee Agreement

With this kind of agreement in place, your lawyer won’t generally ask you to pay them upfront or as the claim progresses. They also won’t ask you to pay them as they work on your case.

The lawyer will deduct a success fee if you receive compensation. However, there is a legal limit that applies to this, which means you cannot be overcharged. 

Contact us today for guidance on No Win No Fee agreements. If you’re in a position to make a valid claim, you could be connected with a lawyer from our panel. 

Want Free Legal Advice? Contact Us Today

We hope that the information in this GBH compensation guide has been helpful to you. If you require any further guidance, please: 

  • Use our live chat service to discuss your claim with us right now
  • Contact us by filling out our online form
  • Use the phone at the top of this page to contact us

Learn More About Claiming For GBH Compensation

Below, we have included links to additional guides that might be useful to you.

For further information on claiming GBH compensation, speak with an advisor today.

Writer Lizzie Whitting

Publisher Fern Shelley