When Can You Claim Compensation For ABH?

When Can You Claim Compensation For ABH

When Can You Claim Compensation For ABH?

If you are wondering whether you can claim compensation for assault occasioning Actual Bodily Harm (ABH), this guide could be beneficial to you. We will explore what ABH is as well as when you are entitled to claim for it in conjunction with the injuries that you may sustain and how much they may be worth in compensation. 

Additionally, we will examine key areas in regard to the claims process. For instance, we will address the time limit your claim must be started within, the evidence you can acquire to support your case and how your payout could be valued. 

Furthermore, the benefits of a No Win No Fee solicitor will be looked at, and how being represented by one from our panel could benefit you in the claims process. 

Alternatively, our advisors are on call 24/7 to offer you free legal advice about claiming compensation for ABH. If you have any questions, please do not hesitate to get in touch by: 

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When Are You Eligible To Claim Compensation For ABH?

The Criminal Injury Compensation Authority (CICA) is an executive agency that can award compensation to those who have been harmed by violent crime. In order to make a CICA claim, the incident must have been a victim of a crime of violence in England, Scotland, Wales or another ‘relevant place’.

A crime of violence can be defined as a violent attack, act or omission of that causes harm. It can also include certain threats of attack and sexual assault. 

Moreover, you must have reported the incident to the police in order to claim in this way. If this has not been done, you will not be entitled to seek criminal injury compensation for ABH through the CICA. 

There are other potential channels through which you could claim following a criminal injury. If you know who the assailant was and they have the money to compensate you, you could claim against them directly. You could also claim against a vicariously liable party whose breach of duty of care caused the attack.

If you have any questions regarding eligibility, please speak with an advisor from our team who can help you. 

What Is ABH?  

As stated by the Crown Prosecution Service (CPS), assault occasioning ABH is committed when somebody intentionally or recklessly assaults another. Actual bodily harm is defined as any harm that interferes with the victim’s health and comfort. It doesn’t need to be permanent, but it must be more than transient or trifling. 

Examples of ABH injuries could include: 

  • Scratches
  • Abrasions and grazes 
  • Bruising
  • Swelling

In order to be charged with ABH, a person must have intended to use unlawful force, but they do not need to have intended to cause the harm they did.  

For example, If a person pushed somebody over in a dispute and they fell and split their head open, they could still be charged with ABH. This is because the push displays the intention to use unlawful force regardless of the level of harm that was intended. 

You can get in contact with our advisors to find out whether you are entitled to seek compensation for ABH. 

Is There A Time Limit To Claim ABH Compensation?

We can’t tell you how long a criminal injury claim takes because this can vary, but we can inform you of how long you have to begin your claim. In most cases, you have 2 years to start your claim for ABH. This generally starts when you report the incident to the police, as you are expected to do this straight away. However, if do not report the incident right away, you must prove that there were exceptional circumstances that prevented you from doing so.

Other expeditions may also apply. For more information in respect to time limits and litigation friends, please get in touch with an advisor from our team. 

What Do You Need To Make Claims Through The CICA?  

To seek compensation for ABH via the CICA, you must meet certain eligibility requirements. This includes: 

  • Proof that you meet residency requirements 
  • The police reference number you received after reporting the incident 
  • Medical evidence
  • Proof of any special expenses sustained due to the incident

An advisor from our team can offer you more guidance on the evidence you can acquire if you get in touch. Moreover, they could connect you with one of our solicitors who could help you with the process itself. 

Compensation For ABH – What Could You Receive? 

The compensation for ABH you may receive could be split into two areas. You could receive a payment for any injuries that are sustained. This takes into account both physical and mental injuries. 

This is valued in accordance with the tariff of injuries that is established by the Criminal Injuries Compensation Scheme 2012. If you are claiming for multiple injuries via the tariff: 

  • 100% of the tariff amount will be awarded for the most severe injury 
  • 30% for the second most serious injury
  • 15% for the third most serious injury 

You are unable to claim for more than 3 injuries from the main tariff. However, an additional payment could be awarded from a separate tariff that is not subject to this formula in certain circumstances, such as if you lost a foetus because of a crime of violence.

In place of a compensation calculator, we have included a table of potential compensation amounts.  It must be stated that if your claim is successful, you will receive the tariff amount for your respective injury, and the figures provided below are not a guideline. 

[table id=58 /]

Special Expenses In An Assault Claim

Special expenses compensation may also be included as part of your compensation. This head of claim aims to reimburse you for any financial losses that are incurred as a result of the incident. 

Special expenses in CICA claims could account for a number of areas. For example: 

  • Any equipment that you relied on, for instance, glasses or a hearing aid, that was broken in the incident
  • Medical expenses
  • Home adaptations 
  • Loss of earnings 
  • Care costs 

If you’d like guidance on the process of claiming compensation, and how much your settlement could be worth, speak with a member of our team today.

Contact Us To See If You Could Receive Criminal Injuries Compensation On A No Win No Fee Basis

There are benefits to being represented by a No Win No Fee solicitor when claiming compensation for ABH, which makes this a popular method of accessing legal representation for claimants. They could use their years of experience to cover all areas of your claim. Additionally, one of our solicitors could offer you a Conditional Fee Agreement (CFA), meaning that if your claim is unsuccessful, you typically won’t have to pay for your solicitor’s services. 

They also do not require payment upfront or while your claim is ongoing, which removes a lot of the financial risks surrounding working with a lawyer. However, if your claim is successful, a success fee will be deducted from your payout as payment by your criminal injury solicitor. This is capped by legislation, guaranteeing that you receive the majority of your compensation. 

If you would like to discover whether you are entitled to be represented on a No Win No Fee basis, please contact an advisor from our team. To get in touch: 

Learn More About Claiming With The CICA

Here are some more of our own guides that you might find useful: 

Moreover, we have included additional guides that could be helpful regarding ABH compensation: 

Thank you for reading this guide on how to claim compensation for ABH. If you have any questions, please do not hesitate to speak with an advisor from our team.

Writer Beck Platt

Publisher Fern Smithers