How To Sue For GBH Compensation

Grievous Bodily Harm (GBH) is a violent crime that can leave its victim suffering serious physical and mental trauma. Our GBH compensation claims guide explains when and how someone affected by this crime can seek damages for the impact it has on their life.

Through this guide, you will learn how to claim compensation through a government agency called the Criminal Injuries Compensation Authority (CICA). We discuss what you need to provide the CICA with and explain how they calculate your potential compensation.

You don’t have to go through this claims process alone. At the end of this guide, we discuss how the expert criminal injury claim solicitors from our panel help clients seek compensation on a No Win No Fee basis.

It’s possible to access our free consultation service at any time. Whether you have a question or would like a free assessment to see if you have a valid case, choose any of these obligation-free options to begin:

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What Is Grievous Bodily Harm (GBH)?
Can I Claim GBH Compensation?
How Do I Claim GBH Compensation?
How Much GBH Compensation Could I Receive?
What Is The Time Limit For A CICA Claim?
Does My Attacker Need To Be Convicted To Claim For Criminal Injuries?
Claim For Criminal Injuries Using A No Win No Fee Solicitor
Read More About How To Claim Compensation

What Is Grievous Bodily Harm (GBH)?

Assault is a crime where a person is subjected to physical abuse or unwanted contact, but there are different forms of the offence.

Grievous Bodily Harm is a particularly serious form of assault, as it means that the victim suffered really serious harm. This does not have to be permanent harm but serious enough to be classed as GBH. The crime can be committed intentionally or recklessly, so your attacker may not have intended to cause you serious harm, but this may have happened due to their recklessness.

These factors separate it from Actual Bodily Harm (ABH) or battery. In this guide, we review how you can make a criminal injury claim for the effects of GBH.

Can I Claim GBH Compensation?

In certain cases, you can claim against your attacker or a vicariously liable third party whose negligence allowed the incident to happen. However, these routes might not be available to you. For example, the perpetrator might not have the means to pay your criminal injury compensation if you are successful.

Because of this, the CICA exists to provide a means of claiming GBH compensation if no other way is possible. It is an executive agency which handles compensation claims for victims of violent crimes.

If the CICA approves a claim, it will calculate compensation using the Criminal Injuries Compensation Scheme 2012. This Scheme lists fixed tariff amounts for various physical injuries and forms of psychological harm. We discuss how these calculations work later in this guide.

If you call today for a consultation, an advisor can explain whether one of our panel’s criminal injury solicitors could help you claim through the CICA.

How Do I Claim GBH Compensation?

When you make a CICA claim, you will need to satisfy certain requirements. You should take the following steps to give your GBH compensation claim the best possible chance of success.

Report the incident to the police. The CICA will not accept a claim if the crime has not been reported to the police. They will ask for a police reference number when you claim, so if the police did not confirm yours, contact them to ask for it.
Seek medical attention. Regardless of claiming compensation for GBH, it is important that you get the medical support you need. However, if you do want to claim, get a copy of your medical records. You should aim to provide medical evidence highlighting how you were harmed, and the extent of your physical or mental injuries, when claiming.
Check the CICA requirements. You must meet the CICA’s residency and nationality requirements. Also, the crime of violence – which GBH counts as – needs to have taken place in Britain, or in another relevant location, like on a vessel that’s registered in Britain.
Get help from a solicitor. This is optional, but many people find that criminal injury claims through the CICA run more smoothly with the expert guidance of a trained legal professional.

If you need any further guidance on how to prepare for your GBH claim, simply call our helpline today.

How Much GBH Compensation Could I Receive?

The CICA will award compensation if you make a successful claim. Your potential GBH compensation depends on different factors, such as how many injuries you suffered, the extent of the harm caused and how long the effects are likely to last.

You are able to claim compensation for up to three injuries. For example, if you suffer physically but also sustain a mental illness such as Post-Traumatic Stress Disorder (PTSD), you can claim for both. Compensation is based on the tariff figure in the 2012 Scheme, but the full tariff value is only awarded for the highest-valued physical or mental injury. Otherwise:

You get 30% of the tariff figure for an injury valued the same, or less.
The percentage drops to 15% for an injury that is valued the same or lower than the one above.

If GBH causes someone to lose a foetus, they would receive compensation that is exempt from the above multiple injuries formula.

Below you can find a table which, apart from the top line, is made up of tariff figures.

INJURY	LEVEL	CICA TARIFF AMOUNT
Multiple Serious Injuries And Financial Losses	Severe	Up to £500,000
Brain Damage	Very Serious	£175,000
	Moderate, Slight Effects	£27,000
Paralysis	Moderate Paraplegia	£110,000
Arm	Paralysis or Lost Function, Dominant Arm	£44,000
Burns	Affecting Over a Quarter of the Skin	£33,000
Mental Injury	Permanent and Seriously Disabling	£27,000
Leg	Severe Damage to Both Legs With Continuing Serious Disability	£16,500
Ear	Loss of One Ear	£11,000
Face	Multiple Fractures	£11,000

What Are Special Expenses?

Outside of compensation for your injuries, your overall award could include a special expenses payment. Victims of violent crime can find that they are affected financially, both immediately and in the long term. Special expenses payments can account for costs that are a direct result of the crime, however if you can get these somewhere else free of charge the CICA will not compensate you for them. These can include such as:

Current and ongoing costs related to treatment.
Fees for replacing physical aids damaged during the incident. A physical aid could be the likes of glasses or a walking stick.
Domestic care charges.
Home adaptation invoices.

Loss Of Earnings Payment

A loss of earnings if the injuries cause a long-term absence from work (although specific criteria apply). You must be off work for longer than 28 weeks.

If you’d like to discuss how much compensation you may be entitled to, call us for a completely free consultation today.

What Is The Time Limit For A CICA Claim?

Among the important eligibility criteria is submitting the claim to the CICA within the time limit. The CICA expects an adult to apply as soon as reasonably possible, with a general deadline of two years from when the incident occurred.

However, the CICA will consider exceptional circumstances if they mean someone cannot submit a claim in a timely fashion.

Additionally, a child under the age of 18 cannot start a claim. If the crime is reported to the police by a family member or guardian before they turn 18, their time limit runs from their 18th birthday to their 20th. Alternatively, they have two years from when the police report was made if this was after their 18th birthday.

If you’re unsure whether you can make a compensation claim or want to learn more about time limits for GBH compensation claims, please give us a call.

Does My Attacker Need To Be Convicted To Claim For Criminal Injuries?

In a criminal court, a person has to be proven guilty beyond all reasonable doubt to be convicted. However, a civil claim works differently because its objective isn’t to find the offender guilty.

The CICA decides cases based on the balance of probability. They may liaise with the police to get information about your report and their findings in order to come to a decision.

In fact, you don’t even need to prove that the offender was charged with the crime. Regardless, it is vital to make sure you report the incident to the police in detail as soon as reasonably possible.

Claim For Criminal Injuries Using A No Win No Fee Solicitor

If you’re thinking about making a criminal injury compensation claim while recovering from the effects of a GBH attack, you could call us for a free case assessment.

An advisor can help you discover if you have a valid GBH compensation claim, then connect you to an expert No Win No Fee solicitor. Our panel’s solicitors take on CICA claims under the terms of a Conditional Fee Agreement. For you, this means:

No need to pay upfront or during the case to cover the solicitor’s work.
Also, no payment for their services at all if the case fails.
Allowing the solicitor to take a percentage of your compensation award as their success fee.

You are guaranteed to take home a clear majority of any settlement. The Conditional Fee Agreements Order 2013 is a piece of legislation that sets a clear limit on the percentage that can go to a solicitor.

If you want to talk to us about making a claim through the CICA for GBH, it’s both quick and easy. Choose any of these options for free guidance that’s available around the clock:

Phone: 0800 408 7827.
Web: Contact us online.
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Advice On How To Sue For GBH Compensation