Industrial Disease

Criminal Assault Causing Head Injury

A young man from West London was attacked by unknown assailants who left him lying on the pavement with a head injury. He had no recollection of the incident, of how he was attacked, who he was attacked by, or precisely when it took place. His last recollection was on the way to visit friends.   He ended up in hospital and after a period of review he was discharged to his family. They cared for him, at home, for nearly 2 years, before thinking about making a compensation claim.

They asked IBB Law to help their son Trevor, who remained a reflection of his former self. He not been able to return to work and lacked motivation.

As the assailants were unknown it was not possible to pursue a claim against any particular individual. Therefore, a claim was made to a government scheme, to compensate innocent victims of crimes of violence. The family came to us just under two years after the incident which was key as there is a two-year time limit for pursuing claims for criminal injury compensation. If he and his family had waited another week it would have been too late to pursue a claim. Fortunately, they came to us in the nick of time and we were able to submit a claim on Trevor’s behalf.

The claim was initially rejected on the grounds that there was insufficient evidence that Trevor was the victim of a crime of violence, as opposed to, perhaps, just falling over and banging his head on the pavement. We remain committed to Trevor and therefore made an appeal on his behalf, arguing that the evidence, that is the medical history, was overwhelmingly indicative of his head injury having been caused by a criminal assault, by a number of blows to the head, rather than a fall to the pavement and striking his head.

Our appeal was successful. The government agency decided they were prepared to make a payment of compensation to Trevor.

Medical evidence was obtained to demonstrate the extent of injury sustained which was submitted to the government agency. They made an offer of about £20,000 for the head injury, which we considered to be insufficient to reflect the harm caused by the criminal assault. Therefore, another appeal was made and a hearing took place. Our arguments about the extent of harm caused were accepted: the initial offer did not take full account of how badly the head injury had impacted upon Trevor. As a consequence, we were able to secure a higher settlement, with Trevor being awarded over £60,000 for his head injury.

At the time of settlement Trevor was still suffering from the impact of the head injury although the medical report we obtained on his behalf identified the treatment that would help Trevor get back on his feet and into work. No amount of compensation would truly compensate Trevor for the terrible assault but the £60,000 has certainly helped, giving Trevor the opportunity to address his continuing symptoms and enabling him to apply for work.

Talk to IBB's specialist head injury compensation solicitors and specialist brain injury compensation solicitors for advice on dealing with life after your serious injury. We are members of Headway the Brain Injury Association and are accredited by the Law Society, as well as being recognised by the Association of Personal Injury Lawyers .  For more information just give us a call on  0333 123 9099  or send an email to  enquiries@ibbclaims.co.uk .