Advice On Claiming ABH Compensation
If you have experienced ABH and would like to know more about claiming compensation then our dedicated criminal injury solicitors an help.
£85 million in compensation
Advice On Claiming ABH Compensation
If you have experienced ABH and would like to know more about claiming compensation then our dedicated criminal injury solicitors an help.
Actual Bodily Harm (ABH) Compensation Claims
Actual bodily harm (ABH) is a criminal offence where a person is attacked by another and suffers injuries. This guide examines the eligibility requirements to seek ABH compensation, the role of the Criminal Injuries Compensation Authority (CICA) and what injuries constitute actual bodily harm.
We have also included information on what evidence is required for a criminal injury claim, and how our expert No Win No Fee solicitors could help you seek compensation.
To get your free eligibility consultation or to ask any questions you might have, talk to one of our advisors today using the details given here:
- Call us on 0151 375 9916.
- You can also contact us online by completing an enquiry form.
What Is Actual Bodily Harm (ABH)?
Actual Bodily Harm (ABH) is a crime that comes under the broad category of assault. Per the Sentencing Council guidelines for assault, for a violent act to qualify as ABH, some form of injury that is more than trifling, that is to say, more than minor, must be caused.
To find out more about claiming for ABH, talk to one of our advisors today.
The Types Of Injuries ABH Can Cause
As we said above, to constitute ABH, injuries need to be more than trifling or transient but not serious, as this would constitute grievous bodily harm (GBH). We appreciate that this definition means it’s not always clear which level of offence injuries fall into.
Nevertheless, we have summarised a few example injuries here:
- Bruising.
- Minor cuts and skin abrasions.
- Medically diagnosed psychological effects.
- Minor fractures or broken bones, such as a broken nose.
It is important to note that physical injury as well as psychiatric harm can constitute actual bodily harm. In order to get a free eligibility assessment and further advice about claiming criminal injuries compensation, contact our advisors today using the details provided at the end of this guide.
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Can I Make An ABH Compensation Claim?
You could make an ABH compensation claim through the CICA if you meet the following eligibility criteria:
- You were injured in a violent crime. The Criminal Injuries Compensation Scheme 2012 (CICA Scheme) provided examples of what constitutes as a ‘crime of violence’. This includes sexual abuse, assault (such as domestic abuse) and arson.
- That crime occurred in England, Wales or Scotland (Great Britain) or another relevant place.
- The crime was reported to the police
What Is The CICA?
The CICA is a Ministry of Justice sponsored executive agency that enables those harmed by crimes of violence to seek compensation for their injuries. This is done by making a criminal injury claim.
However, the CICA states that they should be the last resort for seeking compensation. This means you should try claiming directly against the perpetrator (if you know them and they have the means of compensating you) or a vicariously liable party first, if possible.
For a free eligiblity check and answers to any questions you may have about ABH compensation claims through the CICA, contact our team today using the details given below.
How Much Compensation Could I Get For Actual Bodily Harm?
How much compensation you could get for actual bodily harm depends on what injuries you experienced, how severe they were and if any financial losses were experienced. Criminal injuries compensation is determined according to the fixed tariff in the CICA Scheme.
We have set out a few examples of CICA payouts that could be awarded as part of an ABH compensation claim here.
Compensation Table
Please note that the amounts given in this table are fixed. The top entry is the maximum amount that the CICA can pay out for a single claim.
Type of Injury Severity Compensation Figure Notes
Multiple Serious Injuries with Special Expenses. Serious Up to £500,000 Compensation for up to 3 injuries together with payments for special expenses and a loss of earnings.
Mental Injury Lasting 2 – 5 years £6,200 A disabling mental injury confirmed by professional diagnosis lasting between 2 and 5 years.
Lasting 28 weeks – 2 years £2,400 A disabling mental injury confirmed by a psychiatrist or clinical psychologist lasting from 28 weeks to 2 years.
Soft Tissue Damage Minor Damage – Both Arms £2,400 Minor damage to the tendons, ligaments or cartilage in one arm.
Minor Damage – 1 Arm £1,000 Minor damage to the tendons, ligaments or cartilage in both arms.
Facial Injuries – Fractured Jaw Bone Operation Required – Substantial Recovery £1,800 Fracture of the jaw where a substantial recovery is made after surgery.
No Operation – Substantial Recovery £1,500 Fracture of the jaw where a substantial recovery is made
Damage to Teeth 1 + Front Teeth Requiring Apicectomy £1,800 Damage to teeth requiring surgery to gums to reach roots.
1 + Front Teeth Requiring Crowns £1,000 Damage to 1 or more front teeth requiring crowns.
Hernia 1 Hernia £1,800 Injury resulting in one hernia.
Can I Be Compensated For Financial Losses?
Yes, you can also be compensated for your financial losses in criminal injury claims. These are referred to as special expenses. When claiming special expenses, you need to be able to show that these costs are necessary, not available for free somewhere else and directly result from the violent crime.
Examples of special expenses could include:
- Care costs relating to meal prep, bodily functions and other household tasks if you cannot do these safely on your own.
- Specialised equipment such as kitchen aids or a modified car.
- Accessibility installations. For example, stairlifts, ramps or handrails.
- The cost of managing your affairs in cases where mental capacity has been reduced.
You could also claim for a loss of earnings, although there are some eligibility criteria you will need to meet. To inquire further about financial losses in a criminal injury claim, get in touch with our advisors today.
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We pride ourselves on providing the best service possible for our clients.
What Factors Determine My Compensation Amount?
Factors that determine your compensation amount include the severity of your injuries, your loss of earnings and any special expenses relevant to your claim. There are also factors relating to the CICA claims process that we have provided here:
- Your character will be assessed, including any unspent criminal convictions.
- Whether you have cooperated fully with the police investigation.
- The CICA stipulate that reasonable attempts need to be made to claim through other channels first. This could be directly against the perpetrator if at all possible, or against your employer, for example, if they failed to keep you safe.
- Any benefits that have been claimed in relation to your injuries, or if you have already received some compensation from elsewhere.
The extent to which these factors impact a given claim is entirely down to the CICA’s discretion. You can maximise your chances of a successful claim by seeking legal advice and ensuring you provide as much information as you can during the police investigation.
Can I Claim For Multiple Injuries?
When multiple injuries have been sustained, the multiple injuries formula can be applied. In these cases, the payout is awarded in the following increments:
- 100% of the tariff amount for the highest value injury.
- 30% for next highest, or an equal value injury.
- 15% for the third highest, or an equal value injury.
You cannot claim compensation for more than 3 injuries. However, additional compensation could be awarded if the violent crime also led to you suffering any of the following:
- Contracting an STI
- Losing a foetus
- Becoming pregnant
To learn more about claiming ABH compensation through the CICA, and to find out more about what your potential claim could be worth, talk to our advisors today.
The Process Of Making An ABH Claim With CICA
The process of making an ABH claim with the CICA involves contacting them regarding the incident and providing your supporting evidence. You don’t need to concern yourself with proving the crime took place; the CICA will contact the police for the findings of their investigation.
What you need to provide is:
- Proof that you meet the residency requirements.
- Your police reference number. This is why it is vitally important that the crime is reported.
- Medical evidence shows what injuries have been sustained.
- Any proof of financial losses that you are seeking compensation for.
Additionally, claimants generally have 2 years from the date of the incident to claim through the CICA. Exceptions can be made if exceptional circumstances prevented a claim from being made within this time limit. However, the CICA will assess these per individual case.
In cases involving children:
- If a claimant was under 18 at the time and a police report was filed but no claim made, then the 2-year limitation period is counted from their 18th birthday.
- For claimants who were under 18 and did not report the incident to the police, the 2 years are counted from the date of reporting, provided you can show that exceptional circumstances prevent you from reporting straight away.
To find out more about the evidence required for a CICA claim, and what time limit is applicable in your particular circumstances, talk to ur advisors using the details provided below.
JFLaw’s No Win No Fee ABH Specialists
JF Law’s No Win No Fee ABH solicitors can help all eligible claimants seek criminal injury compensation. Our solicitors work under a particular contract called a Conditional Fee Agreement (CFA), which brings with it a number of key benefits including:
- No solicitor service fees to pay at the start of the claim.
- There will also be no solicitor service fees during the claims process.
- And, should the claim not succeed, you will not pay anything for the work they have provided.
A successful claim will see you awarded criminal injury compensation. A success fee will be deducted by the solicitor from this payout. The Conditional Fee Agreements Order 2013 caps the maximum percentage that can be charged as a success fee, so most of whatever is paid out will be yours to keep.
Some of the expert services our solicitors can provide to their clients include:
- Ensuring your claim is submitted within the time limit
- Helping you gather the evidence needed.
- Negotiating your compensation settlement to also include any special expenses and loss of earnings.
- Explaining any legal jargon.
- Guiding you throughout the claims process.
Contact Us
To get your free eligibility consultation or to ask any questions you might have about claiming ABH compenstion, talk to one of our advisors today using the details given here:
- Call us on 0151 375 9916.
- You can also contact us online by completing an enquiry form.
Learn More
You can read some of our criminal injury claims guides here:
- Find out if you could claim compensation for being stabbed through the CICA.
- Guidance on making a rape compensation claim through the CICA.
- Learn if you could make a claim for bodily scarring through the CICA with this guide.
We have also provided some external resources for additional information:
- Check this NHS page for guidance on when to call 999 following an incident.
- Access support as a victim of crime through the government website.
- You can view the CICA statistics on resolved claims here.
Thank you for reading our guide to claiming ABH compensation.
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