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Grievous Bodily Harm Criminal Injury Claims Guide – How Much Compensation Could You Claim For GBH?

By Meg Sodha. Last updated 4th April 2022. If you’re interested in making grievous bodily harm criminal injury claims, this guide could help.

If you’ve been unfortunate enough to have been the victim of assault, you could be eligible to make a compensation claim for damages. Unlike with a personal injury claim where you’d sue the responsible party, you could make your claim through the Criminal Injuries Compensation Authority (CICA).

Grievous Bodily Harm (GBH) could result in someone suffering serious injuries and the attacker could be convicted. In this guide, we’re going to look at when you could claim assault compensation, how long a criminal compensation claim can take and how much compensation you could be entitled to.

grievous bodily harm criminal injury claims

Grievous bodily harm criminal injury claims guide

Our solicitors specialise in helping with criminal injury claims. In order to find out whether you could work with one of our solicitors, our advisors offer a no-obligation assessment of all claims as well as free legal advice on claiming. After reviewing your case with you, if it seems viable, you could be referred to one of our solicitors. Should they agree to handle your claim, they’ll do so on a No Win, No Fee basis.

To learn whether you could make a grievous bodily harm criminal injury claims for yourself, you can call our team on 0800 073 8804 today. Or you could use our online contact form to send your enquiry to an advisor.

Alternatively, if you’d rather find out more about claiming compensation for an assault before contacting us, please continue reading.

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A Guide To How Much Compensation For GBH You Could Claim

If you’re interested in making grievous bodily harm criminal injury claims, this guide could help.

Firstly, if you are assaulted and decide you want to make a compensation claim, there are two methods of doing so. You could sue the person responsible for the assault or you could make a criminal injury claim through the CICA. CICA claims are an option when the criminal doesn’t have the means to compensate you.

In this guide, we’re going to try and answer a number of common questions about claiming compensation for GBH. These include:

  • How long does CICA compensation take?
  • Can you claim compensation for GBH?
  • How much compensation do you get for assault?
  • Which one is worse ABH or GBH?
  • What is GBH without intent?
  • Is a broken nose GBH?
  • What is the difference is between ABH and GBH?
  • What is GBH with intent?

We’ll look at the claims process for court claims as well as CICA claims and we’ll also look at what you could include within grievous bodily harm criminal injury claims. When claiming for a criminal injury, we advise that you should hire a specialist solicitor. That’s because their experience could help ensure you are compensated fully for your injuries. There are many different aspects of a claim which should be considered before filing the claim. The reason for that is that, if you forget to include something, you can’t go back at a later date and ask for more compensation.

Something else you’ll need to be aware of is the time limits involved in claiming. The personal injury claims time limit, generally, is 3-years from the date you were injured. For CICA claims, the time limit is generally 2-years. However, there may be certain exceptions.

For more information on the time limits for claiming, you can speak to our team to understand whether you still have time to claim.

When you’ve read this grievous bodily harm criminal injury claims guide, if you decide you wish to pursue a claim for yourself, please call the number at the top of the page.

What Is GBH?

A fairly common question when talking about criminal assault is, “what is classed as GBH?”. It is essentially where an assault causes a very serious injury to a criminal injury victim.

The Offences against the Person Act 1861 provides details on what determines GBH. It sets out what GBH with intent is and what GBH without intent is.

If you have experienced GBH, you may be eligible to make your claim through the CICA. For more information on how to make grievous bodily harm criminal injury claims, please continue reading.

What Is GBH With Intent?

As per Section 18 of the Offences Against The Person Act 1861, GBH with intent is where someone unlawfully and maliciously intends to cause grievous bodily harm to any person.

It may be referred to as, ‘causing GBH with intent’ or ‘wounding with intent’.

What Is GBH Without Intent?

GBH without intent is where the attacker has intended to attack the person but hasn’t intended to cause the level of harm that was sustained by the victim.

For instance, the attacker may have intended to push over the victim but didn’t intend for the victim to fall and hit their head on the curb causing them to sustain a serious head injury.

Examples of GBH

There are various types of GBH, such as:

  • Broken bones
  • Puncture wounds, such as those caused by a weapon
  • Concussion
  • Brain damage
  • Spinal damage

If you have experienced a similar type of GBH or have another example of GBH that you would like to discuss, please get in touch with our team. An advisor could help you understand whether you’re eligible to make your claim through the CICA.

What Is The Difference Between GBH And ABH?

Both ABH and GBH are forms of assault. They can both be intentional or reckless, but they carry very different sentences for criminal conviction. ABH has a maximum sentence of 5-years in jail whereas section 18 GBH can result in life imprisonment.

So, if we take the analogy from the previous section. If somebody pushes over another person, and they sustain a sprained wrist from the fall, this would be classed as ABH as the injury is not serious. However, if the fall caused a fractured skull, then the crime could be classed as GBH due to the seriousness of the injury.

To learn more about grievous bodily harm criminal injury claims, please read on.

What Harm May Be Caused To The Victim?

One of the criteria used by courts when sentencing a criminal for GBH is the level of harm caused to the victim. Therefore, they’ll consider:

  • The type of injuries caused by the assault. This can include psychological injuries or the transmission of disease.
  • Where the assault was sustained.
  • If the victim was particularly vulnerable.

Therefore, a sentence could be increased if the victim was an elderly or vulnerable member of society.

How Is The Defendant’s Culpability Ascertained?

Another key part of building cases for grievous bodily harm criminal injury claims is ascertaining the culpability of the offender. To calculate this, the court will assess whether:

  • The assault was racially or religiously motivated, based on sexual orientation or based on the victim’s disability.
  • Whether it was premeditated.
  • If a weapon was used in the assault.
  • Whether the offender intended to cause more serious harm than was actually caused.
  • If the offender targeted a vulnerable victim deliberately.

All of those factors could be used to demonstrate a high level of culpability and to increase any sentence given. Conversely, factors like a lack of premeditation, a mental disorder or excessive self-defence could be used to demonstrate lower culpability.

How Should People Report Being The Victim Of GBH?

We’re now going to look at how you should report being the victim of GBH. We’ll look at cases of GBH at work and in public places. This is because, in order to have grounds to make grievous bodily harm criminal injury claims, the crime will have had to have been reported to the police first.

If you’ve been the victim of GBH in a different scenario, don’t worry, you could still begin a claim. Speak with an advisor and let them know what happened. In both of the scenarios listed below, you should seek medical attention for your injuries and report the crime to the police (and ask for a reference number).

Claims For GBH In The Workplace

All employers have a duty of care to try and ensure their staff’s safety wherever possible. This might mean putting security measures in place if there’s a perceived risk to staff from customer violence. For instance, they could provide security screens or security guards if necessary.

If you experience an assault at work, you should inform a supervisor or manager as soon as possible. By law, they should log the incident in their accident report book. If you do make a claim because your employer’s negligence led to the assault, the accident report form could be used as evidence to prove dates, times and who was involved.

That said, employers might have absolutely no way of knowing that an assault might take place. If that’s the case, you wouldn’t be able to claim against your employer, but you could be eligible to claim through the CICA.

For more information on making an accident at work claim, call our team. Alternatively, please read on for more examples of grievous bodily harm criminal injury claims.

Claims For GBH In Public Places

Similarly, if you are assaulted in a public place, you should report the incident to the staff so that it’s logged. If it can be shown that the operator of a business was somehow negligent and allowed the assault to happen, then you could be entitled to claim against them.

For instance, if a customer was allowed to continue purchasing alcohol in a bar when they’d already been aggressive and then went on to assault you, you might be able to claim compensation.

If you experienced a public park accident assault or an assault in another public place, please get in touch with our team on the number above.

Claiming Compensation For GBH Through The Courts

In some cases of grievous bodily harm criminal injury claims, if the person who assaulted you has the means to compensate you, you could take legal action against them.

This could involve contacting a solicitor and explaining what happened. They could then contact the defendant or their legal representative to see if they admit liability. If they do, then the next step would be to work out how much compensation you’re entitled to. In cases where liability isn’t accepted or the amount of compensation is contested, the claim might have to be decided in court.

Claiming Compensation For GBH Through The Criminal Injuries Compensation Authority

If you’ve exhausted other means of claiming compensation for GBH, you could use the Criminal Injuries Compensation Authority (CICA). They are a government department that allow claims to be made for victims of violent crimes, such as common assault, unprovoked attacks or violent muggings.

Their criteria for claiming are different from a normal personal injury claim though. For instance, you only have 2-years to claim through the CICA compensation scheme, the crime must’ve been reported to the police and the amount of compensation paid is different too.

GBH / Grievous Bodily Harm Compensation Claims Calculator

At this point in our grievous bodily harm criminal injury claims guide, let’s look at compensation amounts that may be awarded by the Criminal Injuries Compensation Scheme 2012.

For a successful claim, you will receive payment for your injury. If you have multiple injuries that are each serious enough to qualify for payment, you would receive:

  • 100% of the full tariff value for the most serious injury
  • 30% for the injury with the equal or second-highest value
  • 15% for an additional injury with the equal or third highest value.

Generally, the compensation scheme will not provide compensation for more than three injuries. However, in some circumstances, you could receive additional payments for the following:

  • If you have become pregnant as a result of the assault
  • If you have lost a foetus
  • You have contracted a sexually transmitted disease

We’ve provided some figures in the table below. The figures show compensation amounts for different injuries listed in the CICA Tariff of Injuries. These figures only apply if you make your claim through the CICA.

Injury TypeCICA CompensationDetails
Head Injury£6,200A minor head injury which leads to permanent balance impairment, concussion or headaches.
Scarring Of The Face£11,000Scarring of the face which results in serious disfigurement.
Eye Injury£44,000Serious and permanent loss of visual field.
Face Fractures£11,000Multiple fractures of the face.
Nose£3,500A nasal injury which results in partial loss of smell, taste or both.
Skull£4,600A depressed fracture of the skull which requires an operation.
Teeth£3,500The loss of four or more front teeth.
Elbow£6,200A fracture or dislocation of one elbow that causes significant disability.
Arm£3,500A fractured humerus which causes significant disability.

As you’ll see, the amount of compensation awarded depends on the severity of your injury. Therefore, it’s important that your solicitor is able to prove the true extent of your suffering to try and ensure you’re compensated fairly.

As part of the claims process, our solicitors will arrange for a medical assessment with an independent medical specialist. They’ll assess you physically, review your medical notes and ask you some questions.

Based on their assessment, they’ll provide a report to your solicitor which will explain what injuries you sustained, how they affected you and whether you’ll have any issues in the future.

Alternatively, you could use a criminal injuries compensation calculator but again the figure you receive should only be used as a guide. Or you could speak with our advisors to get an accurate estimate of how much your claim may be awarded.

Additional CICA Payments

There are additional payments you could receive when you claim through the CICA.

For instance, if you have been unable to work as a result of your injuries, could claim back any lost earnings after 28 weeks. For the first 28 weeks, you could be eligible to receive Statutory Sick Pay (SSP).

Additionally, you could claim back other financial losses under special expenses. These must be reasonable, necessary, and directly associated with your injuries.

For more information on what these might include, please get in touch on the number above.

Other Damages Awarded

Compensation payouts for successful grievous bodily harm criminal injury claims made directly against the defendant might comprise general and special damages.

General damages are designed to compensate you for any pain, suffering or loss of amenity caused by your injuries.

As well as general damages, you could claim for special damages. These are paid to compensate you for financial expenses incurred as a result of your injuries. Here are some examples of what you could claim:

  • Dental/Medical Treatments.
  • Prescriptions Charges. The only time they normally pay this is for very serious injuries.
  • Lost Earnings. You can claim any loss of earnings back if you are off work for more than 28 weeks.
  • Future Loss of Earnings. Finally, if your injuries have an impact on your ability to work longer-term, you could ask for future lost income to be considered too.
  • Full-Time Carer

Special Damages Evidence

It’s a good idea to keep evidence that can help prove the expenses that were incurred as a result of your injuries.

For instance, bank statements, wage slips and receipts could all be used to support your claim. Also, it can be a good idea to diarise all of your spending. That way, when it comes to making a claim, you’ll remember how an expense was linked to your injuries.

To learn more about grievous bodily harm criminal injury claims, please read on.

No Win No Fee Compensation Claims For GBH

It’s quite natural to worry about the cost of making any form of a compensation claim. To help reduce the financial risks and stress involved with a criminal injury claim, our solicitors work on a No Win No Fee basis for any claim they handle. This gives potential claimants a way to pursue the compensation they could be entitled to.

To begin with, the solicitor will review your case with you to check it is viable. If they believe they could win compensation for you, they’ll prepare a No Win, No Fee agreement for you. This might be referred to as a CFA or Conditional Fee Agreement.

The CFA is a contract between you and your solicitor that sets out the services they’ll provide. It will also state:

  • That you won’t have to pay any fees upfront.
  • There will be no additional fees during the case.
  • And, if the claim is unsuccessful, you won’t have to pay the solicitor’s fees.

When a claim is won, and you receive compensation, the solicitor will ask for a success fee to be paid. This is a small contribution towards their costs that is deducted from your compensation. The success fee will be listed in the CFA, so you’ll know about it right from the start. You needn’t worry about the size of the success fee as they are legally capped.

If you’d like to know whether you could begin grievous bodily harm criminal injury claims on a No Win No Fee basis, please contact an advisor today.

Why Choose Us For A GBH Criminal Injury Claim?

We hope that you’re now considering making a criminal injury claim with Legal Expert. Here is some more information about the way we could help you begin a claim:

  • We have a team of specialist advisors who’ll provide free legal advice about claiming.
  • They’ll also assess your claim on a no-obligation basis.
  • Our claims line is open 24-7 so you can begin when it’s convenient.
  • Our team of specialist solicitors have decades of experience handling all sorts of personal injury claims.
  • If your claim is taken on, your solicitor will be on hand to answer any questions you may have. They’ll also provide regular updates and explain any technical legal jargon as the need arises.
  • Our solicitors always try to ensure any settlements compensates your injuries fairly.
  • You can read some reviews of our service from previous clients here.

If there’s any more information you need to know about Legal Expert or how we could help you make grievous bodily harm criminal injury claims, please contact us today.

Start Your GBH Compensation Claim

You’ve now reached the end of this guide about GBH compensation claims. We hope that, if you’ve decided to make a claim, you’d like Legal Expert to help you do so. If that’s the case, here are our contact details:

  • You can call and speak to a specialist advisor on 0800 073 8804
  • If you prefer, you can get free advice from an online chat advisor.
  • You could email details of your claim to us at info@legalexpert.co.uk.
  • Or, finally, you can arrange for a call back by completing our online claims form.

When you contact us about your grievous bodily harm criminal injury claims, an advisor will go through your claim with you. They’ll look at what happened, whom you blame and what injuries you sustained. If they believe your claim has a chance of being successful, they could refer you to one of our solicitors. If they agree to process your claim, it’ll be as part of a No Win, No Fee service.

Grievous Bodily Harm Criminal Injury Claims FAQ

Here are some quickfire questions to conclude our guide with:

How much compensation do you get for criminal injuries?

Every claim is unique, so there’s no way of guessing how much you could be entitled to without learning more about your situation. However, compensation is intended to be awarded in proportion to the amount of suffering experienced by victims of crime. For some example payouts, please see our compensation calculator earlier in this guide.

Regardless of your financial standing, if you get legal help on a No Win No Fee basis, you won’t have to pay their fees unless they win your case. What’s more, there are no costs involved in the claims process, such as upfront fees.

What Is GBH Crime?

Examples of a GBH crime might include:

  • Someone might intentionally cause someone serious bodily harm by stabbing them and causing them a severe puncture to their heart.
  • Someone might intend to attack someone else but might not intend to cause them serious bodily harm. For instance, they may push someone but don’t expect them to fall over and seriously injure their head.

Essential References

Thanks for taking the time to read our grievous bodily harm criminal injury claims guide. We hope we’ve answered any questions you might have about criminal injury claims. In this final section of the guide, we’ve provided some links to some more of our guides and some relevant external resources as well.

Sexual Abuse Compensation Calculator – Visit this guide on how much compensation may be awarded for sexual abuse.

Abused In Foster Care Compensation Claims – This guide could help you understand the steps to take following abuse in foster care.

Historical Sexual Assault Claims – Information on when it might be possible to claim compensation for cases of historical sexual abuse.

Victim Support – An independent UK charity who aim to support those affected by criminal acts or traumatic events.

Domestic Violence And Abuse – Information and support from the NHS for anyone who’s suffered as a result of domestic violence or abuse.

Other guides:

Should you need any further information, we’ll be more than happy to help. Please contact an advisor for more details. Thanks for taking the time to read our grievous bodily harm criminal injury claims guide.

Written By Hambridge

Edited By Melissa.

 

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