In 2017, Adam (name has been changed to protect identity) was deliberately struck by a car in a pedestrianised zone whilst on a night out with friends.
Adam sustained serious injury; his head took the main impact of the collision and a piece of windscreen became lodged in his skull. This resulted in a long period of unconsciousness and a traumatic brain injury.
As a serving member of the armed forces, Adam’s brain injury had a serious impact on his daily life and his ability to work. He was unable to return to active duty, and found work in a consultancy role but was unable to earn the same level of earnings as he had previously.
Criminal Injuries Compensation Authority compensation
Adam submitted a claim to the Criminal Injuries Compensation Authority (CICA). The CICA agreed that a crime of violence had been committed (the driver had been convicted during criminal proceedings). It was assessed that Adam was therefore due compensation. However, the CICA made the decision that they would only make an award based on the scarring that Adam suffered. This resulted in an award of £3,500. They stated that they did not have sufficient evidence to make an award in respect of Adam’s brain injury and that further neurological evidence was required.
It was at this point that Adam contacted Brain Injury Group to seek help with his claim. After a quick conversation, we had enough information to ensure Adam could get the specialist advice he needed. Our network of brain injury solicitors contains many experts with different specialisms, it’s how we could put Adam in touch with the expert he needed; Tim Jones at Brain Injury Group member law firm Enable Law.
Inadequate compensation from an act of criminal violence
Following an initial chat, it was clear that the award of £3,500 was not adequate to meet Adam’s needs, nor was it appropriate under the scheme. The compensation amount did not account for the brain injury, nor the loss of earnings that Adam had suffered due to his decreased ability to work and earn the same salary as he had previously – something which Adam had not considered when submitting initial evidence for his claim. Adam subsequently instructed Enable Law to assist with his case
A request for the matter to be reviewed was made and further medical evidence obtained, including further neurological reports. The value of the claim is now estimated to be over £250,000.00 to account for the brain injury as well as past and future loss of earnings. The matter is still on-going but all evidence has now been submitted and a decision from the CICA is awaited.
Adam continues 4 years on to suffer from the effects of his injury, including among many other symptoms, headaches, personality changes, sudden emotional changes, low mood and lack of sleep.
Evidence for a Criminal Injuries Compensation Scheme claim
If you have started a claim for compensation under the Criminal Injuries Compensation Scheme, it is essential to ensure that the correct evidence is provided to support your claim, both with regard to eligibility of the award and the amount that should be awarded. A solicitor can be instructed to assist at any point in the process if you feel you need assistance to understand the scheme, present the right evidence or appeal an award.
To speak to a CICA specialist solicitor:
- email enquiries@braininjurygroup.co.uk
- or visit our website to find your closest member law firm: www.braininjurygroup.co.uk/news/criminal-injuries-compensation-need-solicitor/
About Tim Jones and Enable Law
Tim Jones is a Legal Director at Enable Law. Enable Law have offices in London, Southampton and throughout the South West.
Tim specialises in handling cases involving catastrophic injury compensation claims, including claims brought under the Criminal Injuries Compensation Scheme. He devotes time to helping clients and their families through the complex legal process of making a claim. Helping them access rehabilitation and other services that will improve their life following injury.
How Brain Injury Group can help?
Brain Injury Group is a network of approved personal injury solicitors with brain injury expertise. Moreover, our member firms have the complex injury experience to get the best possible rehabilitation and compensation for brain injuries.
Brain injury rehabilitation is important; to us, to our members, to you and towards getting the best outcome. We can help get you that best outcome. Get in touch to find out more from our brain injury experts.
