Actual Bodily Harm or “ABH” is a criminal offence where an attacker causes more than minor harm to the victim. This guide examines when you could be eligible to claim ABH compensation.
The Criminal Injuries Compensation Authority (CICA) are a government funded agency that provides the victims of violent crimes a means of claiming compensation. We will examine the eligibility criteria to make a CICA claim for actual bodily harm.
We will also explain what this criminal offence is, how it differs from other claims and how criminal injuries compensation is calculated from a fixed tariff. Our final section examines how our panel of expert solicitors could help you seek compensation on No Win No Fee basis.
To get a free assessment of your potential claim’s validity or for further information on criminal injury claims, get in touch with our advisory team via:
- Phone on 0800 408 7827.
- You can also contact us online by completing our callback form.
- Or, open the live chat window on your screen now.
Browse Our Guide
- What Is Actual Bodily Harm (ABH)?
- What Is The Difference Between ABH And GBH?
- Can I Claim ABH Compensation?
- How Do I Claim ABH Compensation?
- What Is The Time Limit When Making A Criminal Assault Claim?
- How Much ABH Compensation Could I Receive?
- Will I Have To Go To Court To Make A Compensation Claim?
- Claim For Criminal Injuries On A No Win No Fee Basis
- More Resources About Making A Compensation Claim
What Is Actual Bodily Harm (ABH)?
Actual Bodily Harm (ABH) is an offence against the person defined in section 47 of the Offences Against the Person Act 1861 as the intentional or reckless assault of another that causes more than trifling harm, as per the Crown Prosecution Service charging standards.
In terms of making a claim for ABH compensation, the Criminal Injuries Compensation Scheme 2012 stipulates that a crime of violence can comprise both a physical attack, and any other act or omission of a violent nature that causes injury to another.
You can get further information on claiming for this type of crime by speaking to advisors.
What Is The Difference Between ABH And GBH?
Grievous Bodily Harm (GBH) is a violent crime where the harm caused is more serious than that in ABH. A GBH offence requires really serious harm, and the wounding must break the skin. There are two types of GBH: section 20 offences, which can be committed intentionally or recklessly, and section 18 offences, which can only be carried out intentionally.
The key difference between ABH and then the two GBH offences is the severity of the harm caused and the intentions of the perpetrator.
Can I Claim ABH Compensation?
Claiming ABH compensation through the CICA is done via a criminal injury claim. Claiming through the CICA is an avenue of last resort, meaning if you can seek compensation through different means, such as directly against the offender or from a vicariously liable organisation such as your place of work, you should do so.
The eligibility criteria to make a criminal injury claim are as follows:
- You were the victim of a crime of violence that the Scheme 2012 compensates for.
- This crime occurred in Great Britain (England, Scotland or Wales).
- You reported the crime to the police.
There is a general expectation that a crime be reported to the police as soon as possible. However, if exceptional circumstances apply, the CICA can waive this requirement. Therefore, it is always worth seeking legal advice and checking your eligibility to claim.
Our advisors can provide further information on the requirements for making a CICA claim. Talk to a team member today using the contact information provided above.
How Do I Claim ABH Compensation?
In order to claim ABH compensation, you will need to provide some evidence. Unlike in a personal injury claim, where there will be various types of evidence available to you, for a criminal injury claim you only need 3 things.
The evidence you will need to collect is:
- A valid police crime number. This is why it is very important that the crime be reported.
- Medical documents showing the extent of your injuries. You can request copies of your medical records from your healthcare provider.
- Proof you meet the residency requirements.
You don’t need to worry about getting evidence of the crime occurring. The CICA will contact the police for the details of their investigation, so things such as witness statements, CCTV footage and other evidence will handed over for the CICA to assess.
You can still get support with gathering evidence from one of the solicitors on our panel if you are eligible to make a criminal assault claim. Contact our advisors for a free assessment today. If they deem your potential claim as valid, they can put you in touch with one of our highly experienced criminal injury solicitors. You can reach our advisory team 24 hours a day using the contact details below.
What Is The Time Limit When Making A Criminal Assault Claim?
In most CICA cases, the time limit is two years from the date the crime occurred. As we said above, there is an expectation that you report the crime as soon as possible although exceptions to this can be made.
The CICA will also exercise their discretion in accepting claims after the two-year limitation period, such as in cases of historical abuse or assaults. Therefore, regardless of when the crime took place, it is worth calling us to check if you could make a claim.
How Much ABH Compensation Could I Receive?
ABH compensation is awarded per the Tariff of Injury in the Criminal Injuries Compensation Scheme 2012. This is a set tariff that assigns fixed compensation values to various injuries, compensating for both physical and psychological consequences.
We have collated some of the tariff amounts for use in the table here.
Compensation Table
Please note that the amounts given in this table are fixed. Also, note that the figure in the top row is not taken from the Compensation Scheme 2012.
| Type of Injury | Severity | Compensation Tariff Amount |
|---|---|---|
| Multiple Serious Injuries in Addition to Special Expenses | Serious | Up to £500,000 |
| Brain Damage- Minor | Moderate and medium term | £16,500 |
| Fractured Upper Arm - Both Arms | Continuing Significant Disability | £11,000 |
| Substantial Recovery | £6,200 | |
| Strained Neck - Seriously Disabling | Permanent | £11,000 |
| Non-Permanent | £3,500 | |
| Burns of the Lower Limbs | Severe | £11,000 |
| Moderate | £2,400 | |
| Burns to the Torso | Severe | £11,000 |
| Moderate | £2,400 |
What Financial Losses Can I Claim For In An ABH Compensation Claim?
There are certain financial losses that you could be awarded ABH compensation for as part of your claim. Potential examples could include:
- Repairs or replacements to personal aid equipment that was damaged in the attack such as a walking stick or glasses.
- Home modifications.
- Care costs.
- The costs of managing your affairs if you lack the mental capacity to do this by yourself.
You can find out more about the eligibility criteria to claim for special expenses or a loss of earnings by consulting our advisory team. Get in touch today using the contact details below.
Will I Have To Go To Court To Make A Compensation Claim?
In most cases, a criminal injury claim will not need to go to court. However, if the police feel there is enough evidence to press charges for the ABH, you may need to attend court for the criminal proceedings.
Claim For Criminal Injuries On A No Win No Fee Basis
The criminal injury solicitors on our expert panel have years of experience in handling CICA claims. They can assist you with a number of tasks, including calculating compensation, ensuring you have the right evidence, and explaining all the legal jargon.
Our panel of experts can offer their services under a Conditional Fee Agreement (CFA). If you have a valid claim this is something you can benefit greatly from. The CFA is a No Win No Fee contract that gives the advantage firmly to the claimant.
Benefits of claiming under a CFA include:
- No fees to pay for the solicitor to begin work on the claim.
- There will also be no fees for that work during the claims process itself.
- Finally, if the claim fails, you will not incur a fee.
Should you win the claim however, you will receive ABH compensation. Part of this compensation will go towards the solicitor’s success fee but the rest is yours to keep. Since The Conditional Fee Agreements Order 2013 caps success fees at a maximum of 25%, so you know from the start you’ll receive most of any compensation that is awarded.
To get a free assessment of your potential claim’s validity or for further information on criminal injury claims, get in touch with our advisory team via:
- Phone on 0800 408 7827.
- You can also contact us online by completing our callback form.
- Or, open the live chat window on your screen now.
More Resources About Making A Compensation Claim
You can read some of our other criminal injury claim’s guides by following these links:
- Find out more about making a claim for domestic violence here.
- Learn how to make an assault claim and how compensation is calculated with this guide.
- Read our guide on claiming GBH compensation and how our panel of expert criminal injury solicitors could help you.
We have also provided some external resources for additional information here:
- Access help and support after a crime from charity Victim Support.
- Find out when to call 999 from this NHS resource.
- You can report a crime to the police on their website.
We’d like to thank you for reading our guide to claiming ABH compensation. To inquire about this type of claim further, or for a free assessment of your eligibility, contact our advisory team today.