Criminal Assault & Brain Injury Claim Case Study

Mr R had gone out for a drink with his friends after work.  He left the pub on the 3 July 2003 and when he was seriously assaulted in an unprovoked attack.  He sustained a brain injury which resulted in significant problems with Mr R’s speech.  Following the assault he had made a remarkable good physical recovery and had returned to cycling and playing with his son.  He was intending to go back to work.  He still had some right sided sensory problems.

Mr R was out with his friends on the 7 February 2005 and was walking home when he was assaulted by a gang. This was another unprovoked attack.  He sustained another serious head injury.  He had right arm weakness and no useful function in his right hand which was previously his dominant hand.  He also had impaired sensation in his right arm trunk and leg resulting in a substantial loss of function of his right arm, hand and lower limb.  The second assault had exacerbated problems Mr R had with his memory, tiredness, concentration and attention.

An initial award was made by the Criminal Injuries Compensation Authority under the 2001 Scheme.  The first offer was too low so he requested that the reward be reviewed.  Upon review Mr R sustained the maximum award for the second assault.   He also recovered compensation for his injuries and loss of earnings arising from the first assault in the region of £34,000.