Have you been the victim of a criminal assault, such as grievous bodily harm (GBH)? If so, you may be asking questions such as “can I claim compensation” and “how much compensation for GBH could I claim?” The answer to these questions is that if you were the victim of an assault you may be owed compensation. How much you could claim will depend on the injuries you sustained and how severe they were.
Key Points
- In the year ending September 2024, there were 55,008 knife or sharp instrument offences. Of these, 43% were either an assault with an injury or with the intent to cause the victim serious harm. This is found in data published by the Office for National Statistics.
- Claims may be made via the Criminal Injuries Compensation Authority (CICA).
- Compensation may be valued using the Criminal Injuries Compensation Scheme (the Scheme).
- You have a 2 year time limit within which to file your claim.
- A solicitor from our panel could help you to claim under a No Win No Fee Agreement.
You can find out how much compensation you could claim for a criminal injury, such as GBH by reading our guide below. Our team is also on hand to help you.
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- Call 0800 408 7826 now.
- Talk to us via our live chat.
- Contact us by sending the details of your case using our form.
Frequently Asked Questions
How Much Compensation For GBH Could Be Awarded?
The maximum amount of compensation awarded under the CICA may be up to £250,000. However, this amount does not take special expenses and loss of earnings into account.
How much compensation for GBH could be awarded (in line with the Scheme) is dependent on the injury you sustained. In general, the more serious the type of injury and more severe it is, the more you may be awarded. The Scheme uses a fixed tariff to determine compensation for each type and severity of injury.
Claimants are also limited to including a maximum of three injuries from the main tariff in their claim. Where a victim does claim for more than one injury, the multiple injuries formula is applied. Under this,
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- You receive the full compensation amount for the highest valued injury.
- You receive 30% of the tariff for the next highest valued injury.
- 15% of the tariff value would be awarded for the injury with the 3rd highest value.
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We have taken examples from the Scheme to create the following table. Tariffs in the Scheme are fixed amounts. The example in the top row is not from the tariff and is our illustrative guide. However, this table is only intended to act as guidance. For a more comprehensive estimate of how much compensation for GBH you could be awarded, please speak to one of our advisors.
| Type Of Injury | Severity | Notes | Tariff |
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| Multiple criminal injuries, GBH. | Severe | Includes both special expenses and loss of earnings. | Up to £500,000 if inclusive of loss of earnings and special expenses. |
| Brain injury | Very serious | The person has no (useful) physical movement and their senses have been significantly affected. | £250,000 |
| Brain injury | Moderately severe | Serious physical or mental disablement. | £110,000 |
| Arm injury | Paralysis/ loss of function. | Affecting one arm where the remaining hand/arm has no useful function. | £82,000 |
| Ankle | Dislocated or fractured. | Both ankles are affected and there is significant disability. | £16,500 |
| Mental injury | Disabling, lasting longer than 5 years. | Conformed by a professional prognosis/ diagnosis. | £13,500 |
| Elbow | Fractured or dislocated elbows | Affecting both elbows and with continuing (significant) disability. | £11,000 |
| Face injury | Multiple fractures. | Such as types 2 & 3 Le Fort fractures. | £11,000 |
| Pelvis injury | Fracture | With continuing and significant disability. | £11,000 |
How Is Compensation For GBH Calculated?
Compensation for GBH is calculated by taking account of which tariff applies to your injury and whether you can claim for any other losses. How much compensation for GBH you may be awarded in total will depend on your eligibility to claim for both special expenses and loss of earnings.
Any items or services you wish to reclaim the cost of must not be freely available. This means if you paid for a service or item which you could have obtained for free, you may not be compensated for this. To claim compensation for such expenses, they must be directly connected to (and be caused by) your injury.
Special expenses may cover costs such as:
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- Equipment you rely on which was damaged or destroyed. This could include glasses or similar aids.
- Equipment to help you cope with your injuries. This could include adaptations to vehicles or mobility aids.
- Adaptations to your home to help cope with any disability.
- The cost of care in the home, such as with preparing meals, etc.
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To claim compensation for lost income you will need to meet certain criteria. A specialist solicitor from our panel could explain what expenses and lost income your criminal injury compensation claim could include.
Examples Of The Injuries That May Be Caused By GBH
Examples of injuries which may be caused by GBH could include broken or fractured bones, head injuries and lacerations. Injuries classified as Grievous Bodily Harm tend to be more serious than those fitting into the lower category of Actual Bodily Harm (ABH).
Injuries may include,
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- Fractured and broken bones, such as a broken arm or broken leg.
- A head or brain injury, including concussions and brain damage.
- Spinal damage and back injuries.
- Puncture wounds, lacerations and similar types of wounds.
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Grievous Bodily Harm (GBH) describes serious injuries resulting from an assault. Details on what is considered GBH is set out in The Offences Against the Person Act 1861. There are two types of GBH, that with intent and that without.
Grievous Bodily Harm with intent is set out in Section 18 of the above act. It describes circumstances in which someone maliciously and unlawfully intends to cause a person GBH, such as a severe knee injury.
Grievous Bodily Harm without intent describes circumstances in which the attacker did intend to harm the person, but not to the degree sustained.
To learn more about how to make a claim or how much compensation for GBH you could be awarded, speak to an advisor.
Can I Make A GBH Claim Through The CICA?
You can make a Grievous Bodily Harm claim through the CICA if you can show that you satisfy the eligibility criteria. You may bring a claim whether you can identify the assailant, they are unidentified and may even do so if they have not been convicted of the crime.
There are 4 key eligibility criteria which your case will need to satisfy, namely,
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- That your injury or injuries directly resulted from a crime of violence. The definition of this is found in Annex B of the Scheme.
- The incident has been reported to the police.
- Any claim made to the CICA is made within the 2 year time limit. (as detailed later in this guide).
- The violent crime happened in Great Britain (England, Scotland or Wales) or that it happened in another relevant place, such as a boat registered in Great Britain.
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Violent crimes may include physical assaults and threats of violence. As such, you may still be able to make a criminal injury claim through the CICA if you suffered psychological damage.
Please also be aware that any unspent convictions may impact your ability to make a claim or how much compensation for GBH you may be awarded. In certain circumstances an unspent conviction may preclude you from making a claim via the Criminal Injuries Compensation Authority.
Please contact an advisor to learn more about making a GBH claim through the CICA.
How Do CICA Claims For GBH Work?
CICA claims for GBH work by following a set process. Initially, you will need to clearly demonstrate you meet the eligibility criteria set out above. You must ensure that you fully cooperate with any police investigation and subsequent prosecution. Should you fail to do so, you may lose the right to seek compensation.
Criminal injury claims must be submitted with sufficient evidence and this be done within the applicable time limit.
Evidence of criminal injuries may include,
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- A crime reference number from the police.
- Proof you meet all of the eligibility criteria within the scheme, including the nationality and residency requirements.
- Medical evidence showing you sustained an injury for which you could be compensated.
- Documentation of any special expenses or loss of earnings you intend to include in your claim.
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The CICA may also request the following information:
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- The location, time and date on which the crime occurred.
- Which police force the GBH was reported to.
- The name and address of your GP and/or dentist.
- Whether you have any previous or unspent criminal convictions.
- Whether you have previously made a compensation claim via the CICA.
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To claim compensation for GBH you must ensure that the case is filed within the time limit. In most instances, this is 2 years. GBH compensation claims may be filed outside of this time limit in exceptional circumstances, such as where the claimant was a minor at the time of the incident.
If the incident was reported to the police when it occurred the time limit begins on the victim’s 18th birthday. If it was reported after they turn 18, the time limit may begin on this date. However, the victim must show why it was not reasonably reported earlier.
Speak to an advisor to learn more about how to claim GBH compensation.
How Can A Solicitor Help Me With My GBH Claim?
A solicitor could help with your GBH claim in several key ways. They could assist in gathering evidence as detailed above and ensure that your claim is lodged with the CICA within the applicable time limit.
Further, a solicitor could help with criminal injury claims by,
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- Clearly explaining how the claims process works and the steps you may need to take.
- Advising you of any special expenses payments you may be entitled to claim for.
- Assist in completing and filing any relevant paperwork with the CICA.
- Liaise with the CICA on your claim, dealing with any appeals if your claim is rejected.
- Taking your case on under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
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A CFA is a way for you to work with one of the criminal injury solicitors from our panel without the need to make advance payments for their services. Under a CFA you:
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- Do not have to pay for your solicitor’s work unless your case is successful.
- Do not have to pay any solicitors’ fees prior to or whilst the claim is in progress.
- Will need to pay a legally limited success fee if your case is successful.
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Any success fee you need to pay will be deducted from your compensation. This fee is charged as a legally limited percentage of your compensation. This means you keep the majority of your compensation, without having to worry about paying upfront solicitors’ fees.
Contact How Much Compensation
You can contact How Much Compensation today using the methods below.
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- Fill in our ‘contact us’ form to send the details of your case.
- Tell us what happened and get free advice using our online chat.
- Phone 0800 408 7826.
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More Information
You can find more information related to criminal injury claims and calculating compensation in these resources.
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- In this guide, we look at how much compensation for PTSD someone could be awarded.
- Here you can learn more about how much compensation for nerve damage could be claimed.
- If you suffered a broken thumb you can find out how to claim here.
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References:
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- Learn more about victim support in this government resource.
- You can read more about offenses against the person in this reference from the Crown Prosecution Service.
- Find information on first aid in this resource from the NHS.
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An advisor could answer any questions you may have about how much compensation for GBH you may be eligible to claim. Please contact them today.
