Client attacked in pub wins £500,000 brain injury compensation, the maximum award under the CICA scheme
Moore Blatch helped a man to claim brain injury compensation after he was punched in the head at a local pub and left unable to work for the rest of his life. The client was just 16 when he was punched in the head by an adult male, causing a severe traumatic brain injury. He was left with significant physical and mental impairment and will never be able to earn a living. He required substantial rehabilitation, and has substantial ongoing care needs, with input from the local authority. These factors were taken into account in the decision to award the client the maximum award of compensation under the Criminal Injuries Compensation Authority (CICA) scheme.
Care, help and advice As with all brain injury cases our specialist brain injury solicitors were required to do more than simply build a successful case for compensation. In addition to providing the advice and support that the client’s family needed Moore Blatch were also able to act as a deputy in the client’s affairs and help the whole family come to terms with the catastrophic change in lifestyle. We provided help and advice on all legal matters, such as applying to appoint deputies with the court of protection whilst also ensuring that the client had access to quality rehabilitation services and information on other essentials, like disability aids.
CICA dispute Originally, liability was denied by the CICA, on the basis of allegations that the client had been fighting with the defendant. This denial of liability was challenged on the basis that the "fight" had been nothing more than friendly horseplay. Moore Blatch challenged the denial, and submitted that the assault by the defendant who was an adult, on the client who was just a child could not be interpreted as “friendly horseplay.” The case was taken before a tribunal which found in favour of the claimant, our client.
Serious brain injury compensation As part of our role we obtained expert medical evidence in order to support the value of the claim. This included reports from a consultant neurologist, consultant neuropsychiatrist, consultant neuroophthalmologist, consultant in neurorehabilitation and care expert (occupational therapist).
To complicate matters, the client had already been categorised within the asperger’s disorder Spectrum before the attack and this ongoing condition had to be considered when deciding on an appropriate amount of compensation.
Upon receipt of this evidence and an appropriate schedule of loss, the CICA conceded that the client was eligible for the maximum award of £500,000. Commenting on the case, senior partner, Damian Horan said “This case highlights the simplicity with which a serious brain injury can occur. A single punch can lead to lifelong disabilities and dependence.
"This case was complicated by the assertion by CICA that the client was in fact the aggressor, but we are happy that justice has been served and the compensation won will allow our client and their family to get the help they need in the future."