Advice On Claiming Compensation For GBH
Find out how to claim compensation for GBH with our No Win No Fee solicitors.
£85 million in compensation
Advice On Claiming Compensation For GBH
Find out how to claim compensation for GBH with our No Win No Fee solicitors.
How To Claim Compensation For Grevious Bodily Harm
Grievous bodily harm (GBH) is a form of assault which causes a very serious injury to the victim. The injury could be physical or mental and may negatively impact the way you live your life. Therefore, we present this guide on how to claim compensation for GBH.
The Offences Against The Person Act 1861 provides further details on what grievous bodily harm is. According to Section 18 of the Act, when a person intends to maliciously and unlawfully cause grievous harm to another person, it is GBH with intent. On the other hand, when a person deliberately attacks another but did not anticipate the level of harm caused, it is GBH without intent.
In this guide, we outline the eligibility criteria for making a GBH claim and provide examples of some common injuries. This guide also outlines the different types of compensation you could claim and the time limits involved.
Make your criminal injury claim with us. Get in touch by:
- Calling 0151 375 9916.
- Contacting us online.
The Role Of The Criminal Injuries Compensation Authority (CICA)
The Criminal Injuries Compensation Authority (CICA) is a government body which awards compensation to victims of violent crimes in Great Britain. The Ministry of Justice sponsors this agency, and its offices are based in Glasgow.
If you claim compensation for GBH through the CICA, the amount would be decided according to the Criminal Injuries Compensation Scheme 2012 (Scheme). However, the CICA does not award compensation for all cases of GBH, and the eligibility to claim through this avenue is discussed in the next section.
Speak to our advisors now for more information on the CICA and how it works.
I’m A Victim Of Grievous Bodily Harm (GBH), Can I Make A Claim?
You may be able to claim compensation for GBH through the CICA if you meet the following requirements:
- You’ve been injured in a violent crime, as defined by the CICA in its Scheme. This includes assault, sexual abuse and arson.
- The violent crime has occurred within England, Wales, Scotland or another relevant place, such as a ship registered in Great Britain.
- You have reported the crime to the police. This requirement is especially important since you will have to provide the CICA with the police reference number.
- The time limit for reporting an incident to the CICA is followed. We’ll explore this aspect in greater detail in the subsequent sections.
Does My Assailant Need To Have Been Caught Or Convicted?
It is not necessary for the assailant to have been caught or convicted for their attack on you.
The CICA will assess your GBH claim based on the balance of probabilities and may seek further information from the police through the reference number.
Call our advisors now for a free consultation to discuss the eligibility of your criminal injury claim.
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Examples Of The Most Common Injuries In GBH Claims
There are many types of injuries which could lead to a claim for GBH, such as:
- Brain damage
- Fractures and broken bones
- Concussions
- Spinal damage
- Scarring, puncture wounds and lacerations.
- Internal injuries
Irrespective of the type of injury, you can seek guidance from our advisors on your criminal injury. You can also go through our guide on the criminal injury claims FAQs.
How Much Compensation For GBH Could I Get?
If your compensation claim for GBH is successful, the CICA will refer the the tariff of injuries within The Scheme. The tariff lists out fixed amounts for each injury in the event of a successful claim. This means you will receive the exact amount listed for the type of injury you suffered.
The amounts in the tariff are listed based on the following factors:
- Type of assault.
- Number of assaults
- Injuries sustained from the assault.
- Severity of the injuries.
The table below summarises some of the tariff figures for grievous bodily harm, except for the top row. However, we suggest that you use this table only for guidance.
INJURY NOTES CICA TARIFF
Multiple Serious Injuries and Special Expenses Along with multiple injuries, there could be financial losses including the need for professional care. Up to £500,000
Brain Injury- Very Serious The result is a severe impact on the senses, life expectancy, double incontinence and hardly any language skills or response to the environment. The person needs full time care and there is a serious physical limitation. £175,000
Major Paralysis Other Than As A Result of Brain Damage- Paraplegia (Lower Extremities) There is moderate but substantially incomplete paraplegia. £110,000
Leg Injury- Loss of Leg Above the Knee The person’s leg is amputated from below the knee. £33,000
Pelvis Fracture There is significant and continuing disability. £11,000
Facial Scarring- Serious Disfigurement The scars on the face are such that they cause serious disfigurement. £11,000
Hand Injury- Permanent and Seriously Impaired Grip There is a serious and permanent impairment of grip in one hand. £6,200
Toe Injury- Loss of the Great Toe The person’s great toe is amputated due to the injury. £6,200
Torso Injuries- Moderate Burns This category excludes minor burns and deals with moderate burns in the torso. £2,400
Back Injury- Single Fractured Vertebra There is a fracture of one vertebra but with substantial recovery. £1,000
Calculating My Compensation Amount
If you have suffered multiple injuries as a direct result of the crime of violence, you can claim compensation for a maximum of 3 injuries. Your compensation amount will then be calculated according to the multiple injuries formula:
- The full amount for the injury with the highest value.
- 30% of the amount for the injury with the second-highest or equal amount.
- 15% of the amount for the injury with the third-highest or equal amount.
You may also receive additional compensation if the crime leads to:
- Pregnancy
- Loss of a foetus
- Sexually-transmitted infection.
For further guidance on valuing your compensation claim, get in touch with our advisors now.
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Can I Claim For any Financial Losses?
Apart from physical injuries, you may be able to claim compensation for your special expenses. Under this category, you may recover the following costs:
- Physical aids damaged in the incident, such as hearing aids or spectacles.
- Adaptations added to your home, such as a ramp for a wheelchair.
- Equipment needed as a result of your injuries, such as wheelchairs and walking sticks.
- Cost of professional care pertaining to bodily functions or food preparation.
In order to claim the above, you must demonstrate that these costs arise due to the injury and are reasonable and necessary. They must not be available for free through another avenue.
You may be able to claim for a loss of earnings as well if you fulfil certain eligibility requirements.
Speak to us now to see if you may qualify to claim compensation for GBH through the CICA.
How Do I Make A CICA GBH Claim?
While claiming compensation for GBH through the CICA, it is important to collect evidence and to know the applicable time limit.
The time limit to make a CICA claim is generally 2 years, which commences from the date of the incident. While exceptions could be made to this time limit, the onus would be on you to prove the exceptional circumstances which prevented you from claiming within this time.
For child claims or cases where the person was below 18 at the time of the incident, the time limit is as follows:
- If it was reported to the police but no claim, you will have 2 years from your 18th birthday to claim unless there are exceptional circumstances.
- If no police report was made, you will have 2 years from the date of reporting the incident to claim. However, you’ll have to prove that you were unable to make this report earlier due to exceptional circumstances.
As far as evidence is concerned for CICA claims, you’ll have to provide the following:
- Police reference number to prove that you reported the incident.
- Proof that you fulfil the residency requirements.
- Medical evidence for the injuries you’re claiming compensation for.
If the CICA requires any additional information pertaining to your claim or the incident, they will be able to liaise with the police.
Get in touch with our advisors for any help in gathering evidence or to determine the limitation period in your case.
What Can JFLaw Do For Me?
We understand that the process of claiming compensation for GBH can be traumatic and exhausting. But our team of solicitors strives to simplify the process for you as much as possible. If you make your GBH claim with us, our criminal injury solicitor can help you in the following ways:
- Collecting evidence.
- Explaining legal terms.
- Preparing legal documents.
- Calculating your GBH compensation.
- Providing timely updates on your claim.
Our criminal injury solicitors also offer No Win No Fee services in the form of a Conditional Fee Agreement (CFA). This means that you won’t have to pay your solicitor for their work:
- Prior to your claims starting
- While the claim is underway
- If your claim is unsuccessful
In the event of a successful outcome on your claim, your solicitor will charge a success fee. This is a percentage of your compensation. However, you need not worry about losing out on your compensation since there is a legal limit on this percentage.
Contact Our Solicitors
Contact us now to learn more about how one of our No Win No Fee solicitors could help you by:
- Calling 0151 375 9916.
- Contacting us online.
More Information
Here are some other guides from our site:
- Information about domestic abuse claims.
- Our guide on claiming rape compensation through the CICA.
- Learn if you could claim after being stabbed.
You can also go through these external links for more information:
- Guidance from the police on reporting a crime.
- Details from the NHS on mental health services.
- Learn when to call 999 from the NHS.
Thank you for reading this guide on claiming compensation for GBH through the CICA.
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