The incident
Our client, an IT support engineer, sustained a brain injury as a result of an unprovoked assault whilst he was out for a walk near his home. The precise details of the assault are not known as our client has no memory of the incident. The emergency services were called after he had been found unconscious with injuries consistent with an assault.
Injuries
Our client’s injuries were identified immediately as being very serious. He was airlifted by the air ambulance to a specialist trauma unit where he was scanned, and the following injuries were identified:
- traumatic brain injury
- fracture of the skull
- fracture of the eye socket.
Such was the severity of the injury that he needed to be intubated and ventilated. He had an intra cranial pressure bolt fitted into his head.
He remained in hospital for several months whilst he received treatment for his injuries. During his inpatient stay at hospital, he received treatment and support including:
- specialist physiotherapy to help him walk and mobilise
- occupational therapy to work on a left sided weakness and balance problems.
- neuropsychological therapy including a cognitive assessment to address difficulties with cognitive function, concentration memory and poor insight into his injury.
Impact
The impact on our client was profound . He had suffered life changing injuries as a result of the assault. The most serious consequences for him are as follows:
- He has been unable to return to any form of work.
- He is unable to live independently and now lives in supported accommodation.
- He needs prompting with most forms of personal hygiene.
- He is a vulnerable individual with limited insight into his difficulties such that he requires support with all aspects of decision making.
Criminal injuries compensation claims
As the injury suffered by our client was due to a criminal act, the only way our client could seek compensation to help him deal with the day-to-day difficulties presented by his brain injury, was by making a claim to the criminal injuries compensation authority. A criminal injury claim is very different to a personal injury claim with the main differences being as follows:
- The award for injury is assessed by reference to a tariff.
- Claims for loss of earnings are only awarded after 26 weeks and are based on statutory sick pay.
- Claims for care are limited to very specific categories of care.
- There is a maximum award of £500,000 under the CICA scheme.
- The award is determined by the Criminal Injuries compensation Authority with a limited right of review and appeal.
Reflections
Chris McKinney, a specialist personal injury solicitor, who acted for our client, reflected on the case following the settlement
This was a tragic case where an innocent individual suffered life changing injuries as a result of an unprovoked attack. Our client requires lifetime care and assistance. If he had sustained the same injuries in a road traffic accident, then he would have received compensation in the region of several million. Because the injuries were sustained as a result of a criminal injury then the compensation paid was limited to less than £300,000. This means that his lifetime care and assistance needs will not be met and will put his life at risk
What our client said
Instructions were provided by our client’s parents, because although he is an adult, the brain injury had impacted on his cognitive function.
“Thank you so much for your support and hard work you have done to help our son. We can’t thank you enough”
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024
