If a brain injury is sustained as the result of an unprovoked criminal incident, it is possible for the victim to claim compensation via the Government funded Criminal Injuries Compensation Scheme.
Whilst not essential to instruct a solicitor to act, it is essential to ensure that all the correct evidence is submitted to ensure the claim is not undervalued. This includes evidence of future loss of earnings, future care and support needs as well as the severity of the injury.
Brain injury is complex and bringing a claim without legal representation, or via a solicitor without the correct level of brain injury expertise, can impact the amount of compensation awarded and the continuing support that is provided.
By way of example, we look below at the case of Darren, who instructed his local firm of solicitors to bring a claim under the Criminal Injuries Compensation Scheme.
Names and some details have been changed to protect identities.
Darren’s story
Darren was a successful businessman who suffered a serious traumatic brain injury as the result of an unprovoked attack. He underwent a period of intense rehabilitation but continued to suffer from problems affecting his decision making, memory, learning and speech, along with some physical weakness on his left side and spasticity. He was able to manage his own affairs, but often made poor decisions and found his injuries to be a great source of frustration.
He instructed his local high street solicitors who dealt with general personal injury claims, to bring a claim on his behalf via the Criminal Injuries Compensation Scheme. An award was made for £363,000 based on a moderate brain injury and on the assumption that he had a future earning capacity. Unfortunately, due to the lack of brain injury expertise of his solicitors, Darren was not provided with a case manager, financial adviser, or advice about setting up a personal injury trust with a co-trustee but was simply handed his settlement monies.
Due to his brain injury, Darren was vulnerable and unfortunately taken advantage of, resulting in a bad business investment which meant he lost his home, entire settlement monies and was reliant on the state and his mother for all his care and support.
Thirteen years after the initial assault, Darren instructed Brain Injury Group member firm Tollers Solicitors to see if they could provide any assistance. Tristan Holdom, head of personal injury and a brain injury specialist reviewed Darren’s case and it was clear that not only had he not been given the best advice, but his claim had not been assessed correctly. Tollers Solicitors were able to assist to bring an appeal to the Criminal Injuries Compensation Authority to re-open Darren’s case.
Tollers Solicitors helped guide Darren through the appeal process, drafting statements and gathering medical evidence which was essential to Darren’s claim, and he then felt able to represent himself at his appeal, which was successful, and Darren’s case was successfully re-opened. Tollers Solicitors continued to assist Darren and he was able to secure a revised award of £500,000 which is the maximum award possible under the Criminal Injuries Compensation Scheme.
With the correct advice provided, the revised award monies were placed in a special trust which protected his statement benefits whilst allowing him to plan for his family’s future. The compensation award an injured person receives is only part of a larger picture, which includes supporting the client and their family before, during and after the case.
Choosing your Criminal Injuries Compensation Authority solicitor
Whilst it can be tempting to use your local firm of solicitors, who maybe dealt with a house purchase for you, or drafted your Wills, and who also deal with personal injury claims, brain injury claims are very complex. You are likely to need rehabilitation following your injuries, you may require long term care and support with day-to-day activities, your property may need adaptations and it is possible that your future earning capacity may be impacted. These are all things your solicitor should consider at an early stage.
A good starting point for choosing a solicitor following a brain injury is to look for solicitors who are members of brain injury specialist organisations such as Brain Injury Group, Headway the brain injury charity, the Association of Personal Injury Lawyers Brain Injury Experts Panel or The Law Society Personal Injury Panel. Membership of any of these organisation’s legal panels would suggest a special interest and expertise in brain injury claims.
You are likely to be working with your solicitor for a number of years whilst your claim progresses, so it’s vital to ensure you instruct a solicitor who you are happy and comfortable liaising with and who you are confident is working in your best interests. We always advise speaking to at least three solicitors before deciding who to instruct.
How can Brain Injury Group help?
To be a member of Brain Injury Group, our law firms must demonstrate their experience and expertise in this area, they are encouraged to attend our specialist training delivered by medical, legal and rehabilitation experts to ensure their knowledge is up to date and to demonstrate a commitment to helping those with brain injury in the community via fundraising or membership of their local brain injury charity. We have experts located throughout England and Wales and can provide you with contact details so you may speak to as many member firms as you wish, without obligation, to assist you make an informed decision on which law firm to instruct.
Get in touch
The easiest way to contact Brain Injury Group is via email to enquiries@braininjurygroup.co.uk. Alternatively, you may call us on 0800 612 9660 or 0330 311 2541, leaving brief details of your name, contact details and location, and we will arrange for one of our members to call you back.
About Tristan Holdom
Tristan is a partner and Head of the Personal Injury and Clinical Negligence Team at Tollers Solicitors. He is a member of the Law Society Personal Injury Panel and Association of Personal Injury Lawyers. He has over 20 years’ experience as a brain injury specialist, helping children and adults through rehabilitation from life changing injuries, to maximum recovery and ultimately a rewarding life.
About Tollers Solicitors
Tollers Solicitors have offices in Northampton, Milton Keynes, Stevenage, Corby, Kettering, Oakham, Uppingham and Kempson. They have a small but very specialist team of highly experienced lawyers who have dedicated their professionals lives to helping victims of brain injury and their families.
