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A Guide To Actual Bodily Harm (ABH) Compensation Claims
By Danielle Jordan. Last Updated 4th October 2024. You could make a criminal injury compensation claim as the victim of Actual Bodily Harm (ABH). This guide explains when it is possible to make an ABH claim and how you can seek compensation from the perpetrator directly or through a government-sponsored agency called the Criminal Injuries Compensation Authority (CICA).
We also give an insight into how the CICA calculates a payout for those who have a successful ABH compensation claim.
Furthermore, learn how our No Win No Fee solicitors offer expert criminal injury claim guidance without you paying for their work unless your claim succeeds.
You can get 24/7 support at no charge by speaking to our advisors. Ask any questions or get your potential Actual Bodily Harm claim assessed by going through one of these routes:
- Calling 0800 073 8804.
- Make a claim online query through our website form.
- Dropping a live chat message via the tab below.
Select A Section
- What Is ABH Or Actual Bodily Harm?
- What Could You Do If The Victim Of Actual Bodily Harm?
- How Do ABH Compensation Claims Work?
- How To Apply For Compensation From The CICA
- Actual Bodily Harm ABH Compensation Claim Calculator
- How We Can Help You Claim ABH Compensation
- Begin Your No Win No Fee ABH Compensation Claim
If you’d like to learn more about claiming compensation, why not watch our quick explainer video that offers all of the key information:
What Is ABH Or Actual Bodily Harm?
Actual bodily harm (also known as ABH) is classed as a deliberate act of intentional or reckless assault against the person. The Offences Against The Person Act 1861, Section 47 describes ABH as a distinct offence that is separate from battery or common assault. Upholding a claim of ABH depends on being able to prove that the assault directly caused harm. Battery can involve more trivial incidents with no actual harm occurring.
In addition, grievous bodily harm (GBH) is defined in Section 18 of the Offences Against The Person Act 1861 as the act of shooting or wounding another through the use of unlawful force. GBH is considered a more severe version of ABH.
In both of these offences, there’s no requirement for the assailant to have intended to cause grievous or actual bodily harm. Instead, they only need to have intended to use unlawful force.
What Injuries Could ABH Cause?
ABH injuries can include:
- Bruises (bruised ribs or face)
- Grazes
- Swelling
- Cuts
- Minor fractures
An attack can result in a combination of these injuries. Furthermore, ABH can in some instances involve a weapon of some kind, but cases like this may be more appropriate to a GBH definition.
For more information on the injuries that could entitle you to receive ABH compensation, speak with an advisor today.
What Could You Do If The Victim Of Actual Bodily Harm?
If you’ve been the victim of ABH, you may like to seek compensation. If you are making your claim for ABH injuries through the CICA, they will ask you for certain items. These include:
- Your police reference number.
- Proof that you meet the residency requirements.
- Medical evidence of your ABH injuries.
In some cases, it may be possible to claim ABH compensation directly against the perpetrator or a vicariously liable party. When making a criminal injury claim in this manner, you will need further supporting evidence that proves liability for your injuries. Speak to one of the advisors from our team to discuss this.
How Do ABH Compensation Claims Work?
Making a claim for ABH compensation involves taking the evidence detailed above and use it to support your claim against the other party. You can do this independently, or you can work with a personal injury solicitor to help you calculate and build your claim for compensation.
Suing your attacker directly will only be an option if you believe that your attacker has the necessary financial resources to make a payment to you. The details of harm caused can be compared with injuries listed in the Judicial College Guidelines and a general damage amount can be calculated.
In some cases, however, you may be able to make a claim against someone with vicarious liability for the attack. For example, if your employer could be considered liable for your injuries because a colleague who made repeated threats towards you was not dealt with before they attacked you, then you may be able to claim through them.
When you make a claim, you can also factor in damage to personal items, loss of earnings from time off work and medical expenses. Perhaps you needed cosmetic scar treatments or counselling to come to terms with what happened? These services may not be immediately available on the NHS and you had to pay for them yourself. If successful, you could be reimbursed for all these costs through ABH compensation.
What Is The CICA?
If you suffered injuries because you were the victim of a violent crime, you may want to know more about claiming compensation from the CICA.
The CICA is a government-sponsored organisation that can pay compensation to those who have been mentally or physically injured as victims of violent crime. If you’re not able to pursue a criminal injury claim through another channel, you could be entitled to make it through the CICA. In the next section, we look at how to make an ABH claim and how the process could vary depending on who the claim is made through.
If you would like any help with claiming criminal injury compensation, call our advisors for free advice.
How To Apply For Compensation From The CICA
Sometimes, the person who attacked you will either lack the funds to compensate you or evade detection. In cases such as this, the CICA can award victims of serious crime some form of damages. This can be paid to you without the need for the perpetrator to have been convicted, tried or even identified.
There are essential criteria for CICA claims:
- You must report the crime to the police
- You need to meet the residency requirements
- Report the crime as soon as possible (there is a two-year time frame for making a CICA claim which starts from the date the crime was reported to the police.) However, exceptions can apply to the time limit that applies; get in touch with our team for more information.
ABH Compensation – Claim Time Limits
If you are making a claim through the CICA, certain time limits apply. You generally have two years from the day you reported suffering actual bodily harm to the police to start your claim.
Typically, you are expected to report the incident to the police as soon as possible unless there are exceptional circumstances that prevented this. You will be expected to prove what stopped you from making a report. Additionally, there could be exceptions made to the two-year claiming period. Again, you will have to prove what prevented you from claiming.
A different limitation period applies to claimants making a personal injury claim directly against the perpetrator. This is generally three years from the date of the incident.
If you need any help understanding the time limits, or if you would like to start your claim for ABH compensation, please call our advisors.
Actual, Bodily Harm ABH Compensation Claim Calculator
ABH compensation is awarded as per the tariff of injury in the Criminal Injuries Compensation Scheme 2012. What this means is you will receive a fixed amount depending on the extent of your injuries.
We have provided a list of ABH compensation amounts here:
The CICA will pay out a maximum of £500,000 for multiple ABH injuries as well special expenses and loss earnings (this is not a tariff figure).
- Compensation for moderate brain damage is set at £55,000.
- Fractures or dislocations to both ankles with continuing significant disability attracts an award of £16,500.
- However, the payout for the same injury to the tarsal bones in both feet is slightly lower, at £13,500.
- The tariff figure for serious and permanent blurring or double vision in the eye is also £13,500.
- Facial scarring causing serious disfigurement has a tariff award of £11,000.
- The payout is also £11,000 for seriously disabling and permanent neck injuries.
- Severe burns to the upper limbs will lead to a payment of £11,000.
- Finally, £11,000 will also be awarded if fractures or dislocations cause ongoing significant disability in both elbows.
What If I Suffer Multiple ABH Injuries?
In cases where multiple instances of actual bodily harm have been suffered, the CICA will apply the multiple injuries formula will be applied. Compensation will therefore be paid out in the following increments:
- 100% of the tariff amount for the highest value injury.
- 30% for next highest.
- 15% for the third highest.
The CICA only awards compensation for a maximum of 3 injuries.
More Examples Of Compensation For Assault In The UK
When potential claimants ask questions such as ‘how much compensation can I get for assault in the UK?’, they may also ask more specifically if they can be compensated for anything besides the injuries they’ve experienced.
As mentioned in the previous section, you may be able to claim for certain ‘special expenses’ alongside your injuries as part of a claim made through the CICA for assault. In summary, these special expenses may cover certain costs you may have incurred as a direct result of the injuries from the assault. Only certain expenses can be covered by this payment, such as the following:
- Property or equipment you rely on as a physical aid which was lost or damaged due to the assault.
- Special equipment such as physical aids that you’ve purchased because of injuries you suffered due to the assault.
- The cost of home adaptations made in response to injuries from the assault.
- The cost of care related to bodily functions or meal preparation that you’ve received due to injuries from the assault.
- Costs incurred from the administration of your affairs if the assault you suffered has reduced your mental capacity.
When making a claim for special expenses, you can only ask the CICA to consider them if your injuries have left you unable to work for more than 28 weeks. Also, the CICA only awards compensation to victims of violent crimes in England, Scotland and Wales.
How We Can Help You Claim ABH Compensation
If you are looking for expert advice and guidance on how to claim ABH compensation, one of our solicitors could help. Before starting your claim, your solicitor will assess the best way for you to seek compensation. Once that is decided, they can help you with claiming through the CICA or directly against the perpetrator or vicariously liable party.
A specialist criminal injury solicitor can help you:
- Understand legal jargon.
- By explaining any updates on your criminal injury claim.
- Ensuring that all paperwork is filed on time and in full.
- Making sure all of your injuries are considered when seeking compensation.
Additionally, our criminal injury solicitors typically offer their legal representation on a No Win No Fee basis. We explain how this works in the next section. If you would like to discuss how one of our solicitors can help your claim for ABH compensation, speak to a member of our advisory team.
Begin Your No Win No Fee ABH Compensation Claim
Speak to our team about the best way to begin your ABH compensation claim. Whether you’re claiming against the perpetrator or through the CICA, a No Win No Fee agreement can help. Engaging solicitors under an agreement such as this has numerous advantages:
- A No Win No Fee solicitor starts work for free
- They charge nothing as the case proceeds
- A case that is unsuccessful requires no payment at all to your solicitors
- A maximum deduction of 25% percentage that solicitors take applies if the case wins
- You benefit from expert guidance throughout your claim
- All the legal jargon is explained and you are supported throughout the case
Start your ABH compensation case today with the right legal advice. Our sympathetic advisors can assess your case in minutes for free, with no obligation to proceed. The unique introductory service that we offer means we could connect you to a personal injury solicitor to help today. Simply:
- Call us on 0800 073 8804
- Contact us online
- Use the ‘live support’ option in the bottom-right of this page.
Learn More About How To Claim Compensation For Offences Against The Person
As well as free advice on ABH compensation, at Legal Expert we can help with other similar issues:
- Support after an assault
- NHS guidance on first aid
- Defending yourself in public advice from the Crown Prosecution Service
Below, you can learn more about CICA claims via our other guides:
- Can victims of revenge porn make a claim?
- How to claim compensation for robbery victims
- Grievous bodily harm (GBH) claims
We hope this guide on claiming ABH compensation has been helpful. If you would like to know more about this topic or related subjects, such as ‘how much compensation for an assault at work can I claim?’, then please contact Legal Expert today.
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