Compensation for violent assault

Gary’s story

Gary came to Barratts solicitors in early 2017 after he had suffered a brain injury during an assault. A previous client who had also sustained serious brain injuries in an assault recommended us.

Gary himself had become involved in an argument outside a hotel in Nottingham one Friday evening. The next thing he knew he was in intensive care in Queen’s Medical Centre having sustained a fractured skull and significant bleeding on the brain. He had apparently been beaten over the head by members of a gang who were being pursued by the police.

Gary had no previous convictions and was entitled to apply for Criminal Injuries Compensation. This is compensation paid to victims of violent crime and is a scheme run by the state.

Assessing the Impact of a Brain Injury

The Criminal Injuries Compensation Authority obtained a report from Gary’s medical records. They used this as the basis for an offer of just over £2,000 in compensation. However given the effect of the assault on Gary, and his inability to work or fully care for himself, we asked the CICA to review their decision. They did this but again relied only on Gary’s GP records; although they increased the offer to Gary it was only by £500.

We therefore appealed against this decision. In support of Gary’s appeal we obtained expert advice from a local neuropsychologist who set out the nature of Gary’s injuries and the extent of these. The report identified further treatment he required and indicated the effect that Gary’s injuries would have on his future earnings. The matter came before a tribunal earlier this year. We were able to persuade the tribunal to order the CICA to pay Gary over £80,000, more than 30 times more than he had originally been offered.