Assault victim receives maximum compensation

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Assault victim receives maximum compensation

8th April 2011

The victim of a vicious assault has been awarded £500,000 in damages, the maximum amount it is possible to obtain through the Criminal Injuries Compensation Authority (CICA).

The man in his 30s was left with horrific injuries when a work colleague lifted him up and threw him to the ground in an unprovoked attack, causing him to hit his head on the pavement. Matthew Evans, a specialist in cases involving criminal injuries, said the victim sustained a severe brain injury that left him with significant physical and cognitive problems.

"This man had been due to get married just weeks after the assault took place," said Matthew, a partner with Fentons Solicitors LLP. "But following the incident he was admitted to hospital, before being transferred to a specialist brain injury rehabilitation unit three months later. His injuries were so severe that his fiancée became his carer and welfare guardian," he said. "Towards the end of last year, he moved into a long-term residential home where it is anticipated he will remain for the foreseeable future."

Matthew said the man had been working on a self-employed basis, but is never going to work again. "The attacker was imprisoned and there was no chance of recovering damages from him personally, so we made an application to the CICA," said Matthew. "The CICA has strict limits on the amount of compensation it can award, depending on the severity of the injuries and their impact on the victim's future.

"We were able to secure medical evidence to prove that our client's injuries were at the very top of the scale," said Matthew. "But as he had only been self-employed for a short time - and because his severe brain injury meant he was unable to give us detailed information about his work history - we then faced the difficult challenge of investigating what his future earnings would likely have been."

Matthew said that because his partner had sought legal advice he was able to hold discussions with the Local Authority to ensure he was in the most suitable environment. "Basic state funding would have paid for the victim to be housed in a care home for the elderly," he said. "That would have been completely inappropriate for someone who still has awareness and needs to be in the stimulating company of people his own age.

"We met with care home managers to ensure that the future costs of private care were included in his claim, and with the help of our expert evidence we managed to successfully prove our case," said Matthew. "We are delighted that this man received the maximum amount of compensation, which will help fund the future care and assistance needed as he and his partner attempt to rebuild their lives."

How can Fentons Solicitors help?
Fentons has a specialist department experienced in helping victims of violent crimes and their families make applications to the Criminal Injury Compensation Authority.

If you think that you have a case or require further information contact Fentons on 0800 0191 297 or fill in the online claims questionnaire.