Claim for Mental Health Damage after Violent Assault
A violent assault on 90 year old resident at retirement home caused severe damage to her mental health. Our solicitors helped her to claim.Mildred was a frail but healthy 90 year old who lived in a private retirement home on the outskirts of Nottingham. Early one morning an intruder entered her room and subjected her to a violent sexual assault. Mildred fortunately suffered minimal physical injuries. However the trauma of the assault so severely damaged her mental health that she became withdrawn, irrational and dependent.
Background to the Assault
Our Personal Injury team investigated the assault and we revealed that her assailant was a local individual with a history of drug and alcohol abuse. This man had been offered accommodation despite his past and the fact that he was aged well below retirement age. The owner of the residential home made the offer and the Local Authority covered the cost. We established that the Local Authority failed to make reference to his criminal record when they referred him to the home. When he arrived at the home it became clear that the assailant was disturbed and potentially violent.
We issued Court proceedings against both the owner of the home and the Local Authority. Eventually both Defendants accepted a share of responsibility and they paid compensation to Mildred.
Successful Mental Health Claim
We were delighted that Mildred received compensation. Sadly, the assault had a significant effect on her and her health deteriorated. By the time we had completed her claim, she couldn’t manage her financial affairs any longer. We made an Application on her behalf to the Court of Protection to be appointed her official “Receiver”. This allowed us to manage her finances on her behalf and look after Mildred’s best interests when it came to her compensation money.
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