£500,000 awarded for severe injury after assault

Compensation of £500,000 was awarded to a 31 year-old claimant for severe traumatic brain injuries received in an assault eight years earlier.

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Case details

Injury details

The claimant was aged 23 when the criminal injury occurred. He suffered a large cerebral contusion and haematoma. His skull was fractured.

His injuries were serious and required surgery. Treatment included a left-sided frontal temporal craniotomy and partial temporal lobectomy. Following his surgery he was cared for at home by his family.

The surgery left noticeable scarring to his head. The man suffered severe communication and memory problems. His attention was detrimentally affected and he suffered behavioural problems. He found it difficult to motivate himself or complete tasks on his own.

The claimant suffered post-traumatic epilepsy requiring therapy indefinitely. He had a 10% risk of further seizures, which without therapy would increase to 50%.

He experienced weakness in the right hand side of his body. His balance was poor, gait unstable and right leg weak.

The man's parents cared for him and he rarely left the house. Without his family he would need 24-hour care.

Allegation

The assault caused severe traumatic brain injuries to the claimant.

Surgery was necessary. Ongoing symptoms included epilepsy.

Care would be required from his family or external carers on a 24-hour basis.

Conclusion and settlement

An award was made under the Criminal Injuries Compensation Authority (CICA) scheme.

Initially the CICA awarded the sum of £17,003 following an assessment of "moderate brain damage" by an independent medical specialist. No compensation for care costs was made.

The claimant appealed. Medical evidence from his treating neurosurgeon and neuropsychiatrist was used. His injuries were classified as severe traumatic brain injury as a result.

The CICA accepted the appeal. The costs of care and compensation for his injuries totalled over £2.6m.

As a result, the CICA awarded the claimant the maximum allowable amount under the scheme, £500,000.

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Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.