Can I Claim For An Assault Resulting In A Serious Bodily Injury?

This is a guide to making a criminal injury claim for an assault resulting in serious bodily injury. You could be eligible to pursue compensation if you have been harmed due to a crime of violence. 

Assault Resulting In Serious Bodily Injury

Assault Resulting In Serious Bodily Injury Claims Guide

As we move through this guide, we will explain the different paths through which a criminal injury claim could be made. We will examine the eligibility criteria you must meet to make a claim through the Criminal Injuries Compensation Authority (CICA), which aims to compensate victims of violent crime in England, Wales and Scotland, and the evidence that is required to do so. What’s more, our guide also outlines how working with a No Win No Fee criminal injury solicitor could benefit you and your claim.

If you require further information on making a criminal injury claim, please continue to read our guide. You can also contact a member of our team to make any enquiries regarding your potential claim. You can do this by: 

Choose A Section

  1. When Can You Claim For An Assault Resulting In Serious Bodily Injury? – A Guide
  2. When Are You Eligible To Make Claims Through The CICA?
  3. What Will You Need When Claiming For Violent Crime Compensation Via The CICA?
  4. What Compensation Could You Receive Using The CICA Tariff?
  5. Our Solicitors Can Help You Make A Criminal Injuries Compensation Claim On A No Win No Fee Basis
  6. Learn More About How To Claim Compensation For Assault Resulting In Serious Bodily Injury Through The CICA

When Can You Claim For An Assault Resulting In Serious Bodily Injury? – A Guide

The Crown Prosecution Service (CPS) defines the different kinds of assault. This includes common assault, actual bodily harm (ABH) and grievous bodily harm (GBH). ABH refers to an assault that has caused harm that is more than transient or trifling but not at the severity of GBH. GBH refers to an offence where there is a really serious injury. 

The CPS also describes sexual offences, which could lead to serious bodily injuries. This includes sexual assault and assault by penetration.

There are various ways in which a criminal injury claim for assault resulting in serious bodily injury could be brought forward. For example, a claim could be made if you have been assaulted and suffered an injury to the face, such as a broken jaw. You may be able to claim criminal injury compensation directly against the perpetrator under the conditions that you can identify them and they have the available funds to pay the award. 

Furthermore, a claim could be made against a vicariously liable third party. For example, if you experienced harm in an assault at work that resulted from your employer breaching their duty of care, they may be vicariously liable for your injuries. 

Finally, if you cannot bring forward a claim in the ways listed above, you could be eligible to make a claim through the CICA, which we will explain in more detail throughout this guide.

When Are You Eligible To Make Claims Through The CICA?

When seeking to claim through the CICA, you must meet the following eligibility requirements: 

  • You must have reported the incident to the police.
  • You have to adhere to the time limits laid out by the CICA.
  • The incident must have happened in England, Wales, Scotland, or another relevant place.
  • You must have been injured due to a crime of violence, as per the CICA’s definition. 

A crime of violence can include physical attacks, violent acts or omissions and sexual assault. Threats can also come under this definition. 

It’s important to note that claiming through the CICA is not dependent on legal proceedings. There does not need to be an arrest or charge, and the perpetrator does not need to be identified in order for you to claim in this manner.

Is There A Time Limit To Seek Criminal Injuries Compensation?

When making a claim through the CICA, it is important to consider the time limit. You generally have two years to make a criminal injury claim from the date of the incident or the date it was reported to the police. If the individual did not report it to the police at the time of the incident, they must prove that exceptional circumstances prevented them from doing so.

In the event that a person was under eighteen at the time of the incident and it was reported to the police, a person with parental responsibilities could bring the claim forward on their behalf. If no claim is made, the person will have two years from their eighteenth birthday to start the claim. 

If you have any questions regarding the eligibility criteria that must be met to claim via the CICA, please contact our team for free legal advice. They can provide free legal advice on making a claim for an assault resulting in serious bodily injury. 

What Will You Need When Claiming For Violent Crime Compensation Via The CICA?

If you were to make a claim via the CICA, they would require various forms of evidence. These include: 

  • Your police reference number.
  • Proof that you meet the residency requirements.
  • Medical evidence depicting the harm you suffered. 
  • Evidence of any special expenses or loss of earnings.

Get in touch with us about the evidence you will need to obtain to make a claim. Should you make your claim directly against the person who assaulted you or against a vicariously liable third party, the evidence you will need may differ.

What Compensation Could You Receive Using The CICA Tariff? 

The Criminal Injuries Compensation Scheme 2012 provides a tariff of injuries, in line with which claims made via the CICA can be valued. These amounts are based on factors such as the severity of the injury and the physical and psychological impacts experienced.

If you sustain multiple injuries, you can claim for up to three, which would have each qualified for compensation. Multiple injuries are subject to a formula; this is as follows: 

  • You will receive 100% of the compensation stated in the tariff for your highest-valued injury. 
  • 30% of the compensation will be given for your second-highest or equally valued injury. 
  • 15% of the compensation will be awarded for your third-highest or equally valued injury. 

You may be eligible to claim additional payments from a separate tariff not subject to the formula above in cases of pregnancy, loss of a foetus, or contraction of a sexually transmitted infection resulting from the violent crime. 

Figures from the tariff are shown in the table below. Also, you may want to use our compensation calculator, which can give you an idea of the award you may be eligible to receive; however, these figures are not definite. 

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Special Expenses Compensation In An Assault Claim

A special expenses payment could be awarded for the costs incurred due to your injury. These can cover the following: 

  • Home adaptations, such as a stair lift.
  • Equipment that you relied on as an aid that was damaged in the incident giving rise to your injuries.
  • The costs of treatment provided by the NHS or other health service where the same costs would have arisen should you have been treated under the NHS.

These costs must be reasonable, necessary, and caused by your injuries from the assault. You may also be eligible to receive compensation for loss of earnings. Please speak to a member of our team to learn what compensation you could be eligible to receive following an assault resulting in serious bodily injury. 

Our Solicitors Can Help You Make A Criminal Injuries Compensation Claim On A No Win No Fee Basis

Should our advisors find that you may be eligible to make a claim, they could put you in contact with one of our No Win No Fee criminal injury solicitors. Our solicitors could offer you to enter into a Conditional Fee Agreement (CFA).

This usually means that you will not be required to pay at any time for your solicitor’s services if your claim is unsuccessful. This also means, no upfront or ongoing fees for these services.

In the event that your claim is successful, your solicitor can take a success fee. This is a small percentage taken from your compensation. The Conditional Fee Agreements Order 2013 caps this percentage.

Please contact us if you would like further information about working with a criminal injury solicitor under a No Win No Fee agreement. 

Want To Know If You Can Make A Compensation Claim For Assault Resulting In Serious Bodily Injury? Contact Us For Free Today

If you have any queries about making a claim for an assault resulting in serious bodily injury, please don’t hesitate to reach out to us. Our advisors are available to offer legal advice and answer your questions. 

You may reach us in the following ways: 

Learn More About How To Claim Compensation For Assault Resulting In Serious Bodily Injury Through The CICA

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Thank you for reading our guide on claiming criminal injury compensation following an assault resulting in serious bodily injury.

Writer Emily Mend

Publisher Fern Smithers/Jess Oisin