TABLE OF CONTENT
Being a victim of Actual Bodily Harm, you can always claim for your injuries. If you want to claim compensation amount you should prove injury resulted from crime. But the question is, how will you prove it? This blog outlines the importance of proving CICA evidence and how you will prove it. Also, what factors can support your claim?
What is Actual Bodily Harm?
ABH is a form of assault where a person causes some harm to another knowingly. It is an unlawful violence which then inflicts minor damage to the body. Minor damage will include:
- Grazes
- Scratches
- Minor bruises
- Swellings
- Reddening of the skin
- Superficial cuts
To charge someone for Actual Bodily Harm depends on many factors. It may take into account the level of violence used, how vulnerable the victim is and scene of the assault.
If we look at Section 47 of the Offences Against the Person Act:
“The offence of ABH can be broken down into three elements:”
- It must be shown that there was an assault or battery.
- The victim must suffer ABH.
“It must be shown that the ABH was occasioned by the common assault or battery of the defendant.”
Difference Between ABH and GBH
Both of these are criminal offences but they do vary in certain aspects.
How Do Compensation Claims Work?
The claims can be made in 3 ways. These are:
Direct Claim Against the Criminal
This is only an option if you know who your attacker is and that he or she has enough money to pay out a sum of compensation if your claim is successful.
Claim Against a Third Party
If a third party was aware of a risk to your person and did nothing to protect you, you could claim against that party. For instance, if a coworker had made repeated threats that your employer failed to respond to, and you were then attacked, your employer could potentially be found liable.
Claim Through the CICA:
You may also be able to claim through the CICA. This is known as a criminal injury claim.
CICA Injuries Compensation Claims
Let’s now look at the Criminal Injuries Compensation Authority in detail. It works for the Ministry of Justice. Their prime role is to compensate people injured in violent crimes.
In 2023, such compensation claims were reduced by 25% while in the first quarter of 2024 the claims further dropped to 16% as compared to the first quarter of 2023.
For a valid claim, you must:
- Be a victim of a violent crime that took place in England, Scotland or Wales and caused you some injury.
- Be making your claim within a period of two years and not more than that except for specific conditions.
- Have reported the crime to the police right after it took place, without any delay.
Learn more about how the Criminal Injuries Compensation Authority works.
How To Claim From The CICA?
In many cases the criminal may not be able to compensate you.. Here is where CICA awards the victims of crime. This can happen even without a trial.
There are some criteria for CICA claims:
- You must report the crime to the police.
- You must obtain proof of your injury.
- You should keep some supporting evidence like CCTV footage or other photographs with you.
- You need to meet the residency requirements.
Report the crime as soon as possible. Normally, the claim should be made within a span of two years. Yet, there are some exceptions to it as well.
Get more insight into how to Obtain Medical Reports for CICA.
Claims Time Limits
Making a claim through the CICA involves a time limit. You usually have two years from the day you reported suffering actual bodily harm to the police for your claim.
But in cases where there are certain factors that prevented you from reporting on time, there could be an acceptance. But for that you need to prove those factors.
Read our blog for better Understanding the CICA Eligibility Criteria.
How We Can Help You Claim Compensation
If you are looking for expert advice and guidance on how to claim ABH compensation, one of our solicitors at Concise Medico could help. First, we will assess the best way for you to seek compensation. Our expert criminal injury solicitor aim to help you:
- Understand legal jargon
- Explain any updates on your criminal injury claim
- Ensure all paperwork is filed on time and in full
- Make sure all of your injuries are considered when seeking compensation
Read more about Importance of Time Limit In CICA Claim.
Our solicitors offer their legal representation on a No Win No Fee basis. If you would want to pursue a claim, you can speak to a member of our advisory team. They will guide you about how our solicitors can help you. Contact us for medico-legal reporting services.
FAQs
Being a victim of Actual Bodily Harm, you can always claim for your injuries. If you want to claim compensation amount you should prove injury resulted from crime. But the question is, how will you prove it? This blog outlines the importance of proving CICA evidence and how you will prove it. Also, what factors can support your claim?
What is Actual Bodily Harm?
ABH is a form of assault where a person causes some harm to another knowingly. It is an unlawful violence which then inflicts minor damage to the body. Minor damage will include:
- Grazes
- Scratches
- Minor bruises
- Swellings
- Reddening of the skin
- Superficial cuts
To charge someone for Actual Bodily Harm depends on many factors. It may take into account the level of violence used, how vulnerable the victim is and scene of the assault.
If we look at Section 47 of the Offences Against the Person Act:
“The offence of ABH can be broken down into three elements:”
- It must be shown that there was an assault or battery.
- The victim must suffer ABH.
“It must be shown that the ABH was occasioned by the common assault or battery of the defendant.”
Difference Between ABH and GBH
Both of these are criminal offences but they do vary in certain aspects.
How Do Compensation Claims Work?
The claims can be made in 3 ways. These are:
Direct Claim Against the Criminal
This is only an option if you know who your attacker is and that he or she has enough money to pay out a sum of compensation if your claim is successful.
Claim Against a Third Party
If a third party was aware of a risk to your person and did nothing to protect you, you could claim against that party. For instance, if a coworker had made repeated threats that your employer failed to respond to, and you were then attacked, your employer could potentially be found liable.
Claim Through the CICA:
You may also be able to claim through the CICA. This is known as a criminal injury claim.
CICA Injuries Compensation Claims
Let’s now look at the Criminal Injuries Compensation Authority in detail. It works for the Ministry of Justice. Their prime role is to compensate people injured in violent crimes.
In 2023, such compensation claims were reduced by 25% while in the first quarter of 2024 the claims further dropped to 16% as compared to the first quarter of 2023.
For a valid claim, you must:
- Be a victim of a violent crime that took place in England, Scotland or Wales and caused you some injury.
- Be making your claim within a period of two years and not more than that except for specific conditions.
- Have reported the crime to the police right after it took place, without any delay.
Learn more about how the Criminal Injuries Compensation Authority works.
How To Claim From The CICA?
In many cases the criminal may not be able to compensate you.. Here is where CICA awards the victims of crime. This can happen even without a trial.
There are some criteria for CICA claims:
- You must report the crime to the police.
- You must obtain proof of your injury.
- You should keep some supporting evidence like CCTV footage or other photographs with you.
- You need to meet the residency requirements.
Report the crime as soon as possible. Normally, the claim should be made within a span of two years. Yet, there are some exceptions to it as well.
Get more insight into how to Obtain Medical Reports for CICA.
Claims Time Limits
Making a claim through the CICA involves a time limit. You usually have two years from the day you reported suffering actual bodily harm to the police for your claim.
But in cases where there are certain factors that prevented you from reporting on time, there could be an acceptance. But for that you need to prove those factors.
Read our blog for better Understanding the CICA Eligibility Criteria.
How We Can Help You Claim Compensation
If you are looking for expert advice and guidance on how to claim ABH compensation, one of our solicitors at Concise Medico could help. First, we will assess the best way for you to seek compensation. Our expert criminal injury solicitor aim to help you:
- Understand legal jargon
- Explain any updates on your criminal injury claim
- Ensure all paperwork is filed on time and in full
- Make sure all of your injuries are considered when seeking compensation
Read more about Importance of Time Limit In CICA Claim.
Our solicitors offer their legal representation on a No Win No Fee basis. If you would want to pursue a claim, you can speak to a member of our advisory team. They will guide you about how our solicitors can help you. Contact us for medico-legal reporting services.
