£477,000 Compensation For Brain Injury From A Serious Assault
Legal Expert work with a panel of specialist brain injury solicitors from across the UK. Our specialist brain injury compensation solicitor team have been successful in helping people across the country to claim the general and special damages they deserve after suffering a brain injury caused by an assault. For most cases involving brain injuries and personal injury claims, the incident was accidental. However, sometimes an injury is caused by a serious assault or attack.
Unfortunately, in the UK between March 2015 and March 2016, there were 1.3 million incidents of violence experienced by adults in England and Wales. This is according to information from Office for National Statistics.
This brain injury compensation case study looks at a case of serious assault which happened to a claimant who was at the time of the attack, a child. The claimant was attacked and beaten by a group of youths for a prolonged period of time. This resulted in several injuries, such as a skull fracture and brain damage. The claimant was awarded a total of £477,000 in damages.
How Often Do Serious Assaults Cause Brain Damage?
Serious assault compensation is paid out to people who have been the victim of serious, criminal assaults and attacks. Acquired brain injuries affect around 340,000 people per year in the UK. Whilst the claimant is most affected by what can very often be very serious and life-changing injuries, there is very often a whole host of people, from family members to friends and colleagues, who are also affected. The consequences of a brain injury will often be life-long and cause huge changes in a person’s life.
Violence which results in wounding (which is the category which serious brain trauma injuries fit into) accounted for more than 24% of all violent incidents which occurred in the UK in the latest set of statistics from the ONS. In this case, wounding is defined as an incident which results in severe or more serious injury.
In the UK, around 20% of people who are admitted to Accident & Emergency departments with a head injury has been the victim of an attack or an assault. Between 30% and 50% of people who suffer minor brain injuries were the victim of an assault or attack. In the UK it is also more common for men to suffer these kinds of attacks and injuries than women.
Establishing Liability For Brain Injury Compensation Claims
In this case study, the claimant was assaulted by a group of people whilst they themselves were a child. The ages of the attacking youths were not revealed in the initial case study. Solicitors acting on behalf of the claimant alleged that the criminal assault was the cause of the claimants rather extensive brain injuries. The brain injury solicitor working on behalf of the claimant demonstrated that they would not be able to live or work independently and that any compensation for assault by beating they received would need to take this into account. It was also demonstrated that the claimant found it difficult to form and maintain relationships with others. They also had a much-increased risk of developing dementia at a much earlier age than could have previously have happened.
To support the case and establish liability, specialist medical reports were supplied. These showed the applicant had already had learning difficulties before the attack happened. They did, however, show that they would have been able to live a normal life, working and living independently. They demonstrated that future situation had been radically altered. The allegation also showed that the claimant may in the future need a Court of Protection order to protect them.
What Injuries Were Sustained In The Brain Injury Compensation Case?
The brain injury compensation claims, in this case, showed that the applicant was assaulted by a group of youths. The head injury claim amount included damages for the skull fracture as well as the widespread damage to their brain. Immediately after the assault, the claimant was taken to intensive care for treatment, before being transferred to a neurosurgical specialist unit. In total, he remained in a hospital for one month. The family of the claimant needed to provide him with intensive care whilst at home. The claimant was subsequently able to return to education. Upon completing their studies three years later, the victim required complete and full-time care. This was provided by his family members.
What Did The Head Injury Settlement Amount Include?
In this case, it was determined that the serious assault was the direct cause of the injury to the claimant. A total of £477,177 was awarded in damages. This was made up of several different awards for different damages. These included;
- £111,980 in general damages for pain and suffering as well as his loss of amenity.
- £284,839 in special damages were awarded for their loss of earnings (covering past and future earnings).
- £40,668 in damages for medical care the claimant required.
- £40,000 in further damages were awarded as part of the Court of Protection costs.
In cases where the person the claim is being made against is either unidentified or does not have the necessary financial resources to make the payment, the Criminal Injuries Compensation Authority or (CICA) is able to pay the compensation. The CICA can pay compensation to crime victims in the UK. It is funded with public money and will payout even if the person responsible has been caught or not.
Common Cases Of Compensation For Assault By Beating
Aside from assaults and attacks, other causes of brain injuries can be from slips, trips or falls, having an accident as a pedestrian or car crashes and other vehicle accidents. Certain accidents can cause more serious traumatic brain injuries than others. The risk of brain damage will increase with the severity of the accident and the extent of the overall head injuries.
No Win No Fee Head Injury Compensation Payouts
Our specialist no win no fee services are a great way for you to access the legal services you require.With no win no fee, you can get the help you need, regardless of whether or not you can afford upfront payments or ongoing costs. Our conditional fee agreements mean that you won’t pay anything for the lifetime of the claim. If we don’t win your claim, we won’t charge you a penny for our services. Even if you do win, you still won’t have to pay a penny as our costs are reclaimed as part of the case. By law, our fee will never be more than 25% of the damages you receive.
Contact Legal Expert Today
To find out more about brain injury compensation from a serious assault claim, talk to the specialist legal solicitors at Legal Expert today. You can call us on 0800 073 8804. You can also email us with the details of your case, use the contact form on this page, or chat to us using our online chat feature. We are ready and waiting to help you get the brain injury compensation you deserve.
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