Brain Injury Compensation Claim - How Challenging His First CICA Decision Helped One Survivor Secure Nearly £200,000
Legal Support with a Brain Injury Compensation Claim
One violent moment can change a life forever. For Mr W*, that moment came on an ordinary walk home from work. Never did he imagine that this simple act would lead to a brain injury compensation claim.
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Having finished a shift as a bus driver, Mr W. was making his way home when he was attacked from behind by a complete stranger. There was no argument, no warning and no explanation. A single punch knocked him to the ground, where he struck the back of his head on the road.
He was left unconscious, critically injured and facing a future that looked nothing like the one he had planned.
Years later, Winston Solicitors supported him through his brain injury compensation claim. Our CICA experts managed to help him secure almost £200,000 in Criminal Injuries Compensation Authority (CICA) compensation, after successfully challenging an initial award worth only a quarter of that amount.
His story highlights an important lesson for anyone living with the effects of a serious assault. The first decision made by the CICA is not always the final one.
When An Ordinary Day Ends in Catastrophe
Witnessing Mr W's attack, a member of the public immediately called both the police and an ambulance. Mr W has no memory of the attack itself and only remembers regaining consciousness in the back of the ambulance on the way to hospital.
Doctors quickly discovered the seriousness of his injuries. He had suffered a fractured skull and a bleed on the brain. As pressure inside his skull increased, surgeons carried out emergency surgery to remove part of his skull and relieve the swelling.
The bleeding continued, requiring a second operation. Although the surgery saved his life, the assault left him with permanent brain damage and lifelong disabilities.
The Long-Term Effects of a Serious Brain Injury
A traumatic brain injury affects far more than the head. It can change the way someone thinks, communicates, moves and lives. Even everyday activities that most people never think about can become difficult or dangerous.
Following the assault, Mr W developed post-traumatic epilepsy. Although medication helped reduce the seizures, doctors told him he would never be able to drive again. For someone whose career depended on holding a driving licence, that news was devastating.
The brain injury also left him with:
- Permanent weakness and loss of feeling down one side of his body.
- Cognitive impairment affecting memory, understanding and problem solving.
- Speech and language difficulties.
A lifelong need for assistance with many everyday activities. Tasks such as preparing meals, washing safely or carrying shopping suddenly became significant challenges. Even something as simple as making dinner carried risks because he could not safely grip a knife with one hand and there was always the possibility of suffering an epileptic seizure.
These are the kinds of life-changing consequences that compensation schemes must properly recognise.
Brain Injury Compensation Claim After a Violent Assault
Many victims of violent crime are eligible to apply to the Criminal Injuries Compensation Authority (CICA). The CICA is a Government-funded compensation scheme designed to compensate innocent victims of violent crime across England, Scotland and Wales.
Unlike a personal injury claim through the courts, a CICA application does not depend on whether the offender has money or insurance. Instead, compensation is paid from public funds where the eligibility rules are met.
Brain injury claims are often among the most complex cases handled by the CICA because they involve detailed medical evidence and long-term assessments of how the injury affects someone's life.
Building a Strong Brain Injury Compensation Claim
When Mr W contacted Winston Solicitors, the criminal investigation had already established that he was a completely blameless victim of an unprovoked attack. The next challenge was proving the full extent of his injuries. That required far more than simply obtaining hospital records.
Severe brain injuries often continue to affect someone for years after the assault. Medical specialists need time to understand how recovery progresses and which problems are likely to remain permanently.
Working closely with Mr W, Winston Solicitors gathered detailed medical evidence from the professionals treating him.
This included information about:
- The lasting effects of his brain injury.
- His epilepsy diagnosis.
- His reduced mobility.
- The cognitive problems that affected everyday life.
- His future ability to work.
- The help he needed from family members.
Throughout the claim, Winston Solicitors also secured interim payments to provide financial support while the case continued. For many seriously injured people, these payments can make a significant difference during recovery.
The First CICA Decision Did Not Reflect Reality
Eventually, the Criminal Injuries Compensation Authority made its first decision. It awarded Mr W just over £50,000.
While this recognised the seriousness of his brain injury, it failed to reflect the full impact the assault had had on his future. In particular, the decision did not properly compensate him for the fact that:
- he had permanently lost his career as a bus driver
- he was extremely unlikely to work again in any capacity
- he required ongoing care from family members
- he faced additional costs because of his disabilities.
For someone living with permanent brain damage, these omissions were substantial. Fortunately, a CICA decision does not always have to be accepted.
Challenging the CICA Decision
One of the most important parts of the Criminal Injuries Compensation Scheme is the right to challenge decisions that appear wrong. A review allows new evidence to be submitted and gives the CICA the opportunity to reconsider its assessment. Success usually depends on presenting clear medical and legal evidence rather than simply disagreeing with the original decision.
When our CICA team had carefully examined why the first award had been so low, it became clear that insufficient weight had been given to the opinion of Mr W's consultant neurologist, whose evidence showed the true extent of his permanent disabilities.
The legal team prepared detailed submissions explaining why the consultant's assessment provided the most accurate picture of Mr W's future. The evidence showed that his epilepsy meant he would never drive again. The weakness down one side of his body prevented him from returning to physical work, while the cognitive impairment left him unable to cope with the demands of office-based employment.
The conclusion was clear. Mr W had lost far more than his job. He had lost his ability to earn a living.
Looking Beyond the Injury Itself
Brain injury compensation is not simply about recognising the injury. The Criminal Injuries Compensation Scheme also allows some applicants to claim additional payments for financial losses caused by their injuries.
One important area is special expenses. These are costs that arise because someone can no longer manage independently. For Mr W, everyday life had changed dramatically. He relied heavily on family and friends to help with washing, preparing meals and other daily tasks. His epilepsy also meant he needed supervision because of the risk of seizures while carrying out ordinary activities.
Our dedicated team of CICA experts worked closely with Mr W to build a detailed picture of the care he required, gathering evidence that demonstrated how his injuries affected him day after day. The team also argued that he qualified for compensation for loss of earnings because the medical evidence showed he would never be able to return to paid employment.
These additional parts of a CICA claim can make a significant difference, particularly where injuries are life changing.
A Six Figure Brain Injury Compensation Claim
The review was successful. After considering the additional evidence and legal arguments, the Criminal Injuries Compensation Authority dramatically increased Mr W's award.
Instead of just over £50,000, he received just under £200,000.
The revised award reflected not only the seriousness of his brain injury but also:
- His permanent inability to work.
- His future care needs.
- The long-term impact of his epilepsy.
- The support he required with everyday living.
The final settlement was almost four times higher than the original decision. It was an outcome that better reflected the reality of how profoundly the assault had changed his life.
Why Medical Evidence Matters in Brain Injury Claims
Traumatic brain injuries are among the most complex injuries dealt with under the Criminal Injuries Compensation Scheme. Unlike a broken bone, many of the effects cannot be seen.
Memory problems, fatigue, reduced concentration, personality changes and cognitive impairment often become clearer over time. The medical evidence therefore needs to show not only the diagnosis but also how the injury affects someone's daily life, employment and independence.
In Mr W's case, specialist neurological evidence proved critical. By carefully presenting that evidence alongside information about his care needs and inability to work, Winston Solicitors were able to demonstrate that the original award did not accurately reflect the impact of his injuries.
It is an important reminder that the first CICA decision is not always the correct one.
Protecting Compensation for the Future
Receiving a substantial compensation award is only part of the journey. Many people who receive means-tested benefits worry that compensation could affect their financial support.
Following Mr W's successful claim, Winston Solicitors also helped him establish a Personal Injury Trust. A properly managed trust can protect compensation when benefit entitlement is being assessed, helping ensure that an award intended to support someone's future does not unintentionally create financial difficulties elsewhere.
For people living with permanent disabilities, taking advice about protecting compensation can be just as important as securing it in the first place.
Frequently Asked Questions
Can I claim CICA compensation for a brain injury?
If your brain injury was caused by a violent crime and you meet the eligibility requirements of the Criminal Injuries Compensation Scheme, you may be able to make a brain injury compensation claim. Every case depends on its individual circumstances.
Can I challenge a CICA decision?
Yes. If you believe that the CICA has underestimated your injuries or overlooked parts of your claim, you can ask for the decision to be reviewed. Additional medical or financial evidence can often be submitted during this process.
Can I claim for a brain injury if I can no longer work?
Potentially, yes. The Criminal Injuries Compensation Scheme allows some applicants to claim for loss of earnings where the qualifying conditions are met. Specialist advice can help determine what evidence is needed.
Can family care be included in a CICA claim?
In some cases, yes. Where injuries mean someone needs help with personal care or supervision, this may form part of a claim for special expenses, provided the Scheme's rules are satisfied.
How We Can Help
Recovering from a traumatic brain injury is difficult enough without having to navigate a complex compensation scheme alone.
At Winston Solicitors, our experienced Criminal Injuries Compensation team supports victims of violent crime throughout every stage of the CICA process, from the initial application through to reviews and appeals where necessary.
Contact our CICA Team to Discuss Making a Brain Injury Claim Today
If you or someone you love has suffered a serious brain injury because of a violent crime, our team is here to explain your options and guide you through the claims process with compassion, expertise and determination.
