Assault claims

What is assault?

Assault is defined as an unprovoked physical attack on an individual in an intentional or reckless manner. Every assault case is unique and depends on factors such as possible motivations, the location, people involved and the severity of the attack.

Types of assault

There are several varying degrees of assault in the UK, including the three main types of assault – all of which are criminal offences under the Criminal Justice Act 1988 (‘CJA’) and the Offences Against the Person Act 1861:

Common Assault

Common assault involves using unlawful force on a person, such as pushing, slapping or spitting. In fact, physical contact isn’t a compulsory part of common assault – the attacker could simply raise their fists or threaten to harm the victim.

Actual Bodily Harm

Actual Bodily Harm (ABH) is where the attacker’s only intention was to assault the victim and not cause a great deal of harm or pain to the victim. Injuries for ABH can include bruises, bites and scratches.

Grievous Bodily Harm (GBH)

There are two types of GBH – wounding with intent and wounding without intent. Both types of GBH essentially mean the victim was very seriously wounded. GBH with intent means the attacker intended to cause serious harm, whereas GBH without intent means the attacker wanted to cause less harm and pain than they actually did.

Who can make a compensation claim for assault?

If you want to make a claim under the Criminal Injuries Compensation Authority (CICA) Scheme then you must have received medical treatment for your injury, have medical evidence (of a physical injury or any psychiatric injuries) and you must have reported the incident to the police having obtained a crime reference number. You also must have been ordinarily resident in the UK on the date of the incident

Unfortunately, the CICA doesn’t cover claims for minor injuries such as bruising, scratches, cuts and black eyes.

How can Birchall Blackburn help?

If you have been a victim of an assault or a violent crime, it is important to get in touch with Birchall Blackburn Law today to get professional help for starting your claim. Not only can we help you prepare and submit your claim to the Criminal Injuries Compensation Authority (CICA), but we can gather evidence to help maximise the compensation that you may be awarded by them thanks to our years of experience in dealing with these claims.

We are Association of Personal Injury Lawyers (APIL) senior litigators and Law Society Personal Injury Panel members, to give you peace of mind.

Call our criminal injury team on Freephone 0800 783 8485 or fill in our contact form here and we will get in touch with you.

Law Society Personal Injury
Child Brain Injury Trust CBIT