Successful appeal against CICA award for brain damage
John (name changed for confidentiality) came to Barratts solicitors in early 2017 after a previous client recommended us to him. Sadly John had become involved in an argument outside a hotel in Nottingham one Friday evening. The next thing John knew he was in intensive care in the Queen’s Medical Centre. He had a fractured skull and significant bleeding on the brain.He had apparently been beaten over the head by members of a gang while the gang was being pursued by the police.
John had no previous convictions and he 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.
Criminal Injuries Compensation Board Compensation Offer
The Criminal Injuries Compensation Authority (CICA) obtained a report based only on John’s medical records. They used this as the basis for an offer of just over £2,000 was made to compensate John. We asked CICA to review their decision and drew their attention to the effect of the assault on John. We showed that he had lost his ability to work or fully care for himself following the assault. Despite this the CICA only offered John a further £500.
We recommended that John appeal against this decision. In support of John’s appeal we obtained expert advice from a local neuropsychologist who set out the how badly John’s injuries affected him. The report identified further treatment John required and showed that John’s injuries would also reduce 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 John over £80,000. This is 30 times more than the original sum of £2,500 offered to John.
The CICA does not pay legal costs so it is not always cost effective to instruct a solicitor for a CICA claim. Clients have to pay their legal costs from the compensation they are awarded. However, in this case we were satisfied that our input would make a real difference to John and would help him fund the treatment he deserved. John was delighted with the outcome.
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