£477k awarded for brain injuries from a serious assault
Compensation of £477,177 was awarded to a 25 year old man for extensive brain damage injury caused in a serious criminal assault 12 years earlier.
The applicant was assaulted by a group of youths whilst travelling home from school. During a prolonged vicious attack he suffered serious head injuries.
His skull was fractured and he suffered widespread brain damage.
He was treated in intensive care before transfer to a neurosurgical unit. He remained in hospital for one month.
His family provided a great deal of care for him when he returned home.
On leaving school three years after the assault the applicant required full-time care from his family.
It was maintained that the serious criminal assault had caused extensive injuries.
The applicant would never be able to work or live independently. He found it difficult to make and sustain meaningful relationships. His risk of developing dementia at an early stage was increased.
Reports were obtained from specialist medical experts. The applicant had learning difficulties before the assault but would have been able to work and live independently. The expert evidence confirmed this would not now be possible.
The injuries meant he was unable to work and live independently.
It was suggested he would need a Court of Protection order to safeguard his future.
His ability to have meaningful relationships with people was reduced. He suffered significant personality changes.
Conclusion and settlement
It was agreed that the serious criminal assault caused injury to the applicant.
Compensation was awarded in the total sum of £477,177.
£111,980 of the damages was attributed to "pain, suffering and loss of amenity."
An additional £284,839 was awarded for past and future loss of earnings.
£40,668 was awarded for past and future care.
A further £40,000 was awarded as future Court of Protection costs.