The Crime – Unprovoked Attack Leading to Brain Injury Compensation Claim
Mr W. was simply walking home from work after finishing a shift as a bus driver. Never did he think this simple action would lead to a brain injury compensation claim.
Mr W. was jumped from behind in an unprovoked attack in a street not far from his home. He was punched by a man he had never seen before and fell back into the road. On falling backwards, Mr W. struck the back of his head on the ground and was knocked unconscious. He will never know the reason for the attack and will never remember the full details.
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Mr W. remembers coming round in the back of an ambulance, which had been called by a passer-by. A witness had in fact called 999 for both police and ambulance to attend. He was rushed to hospital with a severe head injury.
Serious Injuries with Permanent brain damage
Mr W. sustained a fractured skull in the attack and had a bleed on the brain. The pressure built up inside his skull resulted in doctors needing to do emergency surgery where they cut away a section of his skull. This left him with a permanently misshapen head. He remained in hospital and the internal bleeding continued requiring a second operation.
Mr W. developed “post-traumatic” epilepsy which it was only possible to partially control with medication. He was told he would never drive again due to the epilepsy.
The brain damage affected all aspects of his life. He was left with a weakness down one side of his body and struggled to use his arm and leg on that side. He was also left with a loss of feeling on one side. Mr W. initially struggled with speech and language.
Seeking legal assistance and compensation
Mr W. contacted Winston Solicitors to help him achieve brain injury compensation through the Criminal Injuries Compensation Scheme. As a complex claim the process with the CICA (Criminal Injuries Compensation Authority) took some time. During the process of the Winston Solicitors were able to secure him several interim payments towards his case.
The long road to recovery
Mr W. undertook physical therapy in the form of physiotherapy, and occupational therapy as well as speech and language therapy. He was also under the care of a neurologist as a specialist in traumatic brain injury. He made significant improvements but was left with permanent weakness on one side. He was also assessed by the neurologist as having been left with permanent impairment to cognitive function. He was no longer able to process or understand information to the same extent.
Mr W. relied on help from family and friends for his basic daily needs, including personal care and washing. He also needed help to safely carry out basic tasks such as prepare a meal for himself. He did not have the grip strength and control in one hand to hold a knife. In addition, there was the constant fear of having an epileptic fit whilst doing something like cooking, or evening taking a shower. These tasks which had seemed so normal before his injuries became risky afterwards.
Claiming for Brain Injury Compensation through the CICA
Winston Solicitors submitted an application for compensation to the Criminal Injuries Compensation Authority for Mr W. The police evidence of the crime was considered initially, and it was clear that he was a blameless victim of a crime of violence.
The solicitors then worked with him to obtain the medical and other evidence needed to secure him an award through the Criminal Injuries Compensation Scheme. A challenge with the claim was how best to evidence such serious injuries, and their effects on a day to day basis whilst strictly adhering to the criteria of the compensation scheme.
The CICA make a first decision
The Criminal Injuries Compensation Authority made a first decision on Mr W.’s claim and made him an award of just over £50,000 in full and final settlement.
Permanent moderate brain damage was assessed, but the Compensation Authority did not make any award to account for the amount of time he had off work, and that he was very unlikely to ever work again. The Compensation Authority also did not award anything for special expenses.
Winston Solicitors challenge the CICA decision
The formal process was followed to challenge the decision made by the CICA. Winston Solicitors presented the CICA with evidence in relation to Mr W.’s brain injury and the impact on his life using assessments from his benefits and medical evidence. It was argued that the CICA had relied too heavily on reports from an Occupational Therapist and had not given sufficient weight to the opinion of the Consultant Neurologist. Mr W. had lost his job as a bus driver and would never be able to drive again due to his epilepsy. The specialist opinion was confirmed that he would never be able to obtain and maintain any form of paid employment; the weakness down one side of his body prevented him doing physical jobs. His brain injury had also left him with limited capacity to solve everyday problems and process information; he would not be able to do a more cerebral or desk job either.
The challenge to the CICA first decision successfully argued that Mr W. had not worked since the crime due to his injuries and would not again due to his injuries.
Special Expenses Under the CICA Scheme
It is possible to claim for special expenses under the CICA Scheme. This can be treatment costs, or the cost of adaptations to the home, or special equipment costs. It can also be the cost care, being personal bodily care - preparation of meals or the cost of supervising the person in order to avoid harm.
Mr W. had to be cared; he needed help to wash certain parts of his body, and he could not make a meal for himself as he could not safely hold a knife in one hand. He also needed considerable amounts of supervision due to the risk of epileptic fits.
Winston Solicitors worked with Mr W. to prepare an assessment of his care needs and evidence in support, as part of the challenge the CICA first offer.
A Second Offer is Made - Six Figure Brain Injury Compensation Settlement
Winston Solicitors achieve a revised award from the CICA of just under £200,000 for Mr W. This reflects his injuries, as well as the fact that he could not work and will never work again. It also reflects his personal care needs.
The challenge to the first CICA decision resulted in an increased award four times the initial proposed settlement. All aspects of a person’s situation need to be taken into account with such serious injuries and Winston Solicitors were very pleased to be able to achieve this award for their client as well as helping him set up a Personal Injury Trust to protect his brain injury compensation.
