4000% increase on original CICA award
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We assisted Mr H secure an increase of over 4000% on the original award granted by the CICA (Criminal Injuries compensation Authority). This is the government body set up to compensate victims of violence.
Mr H was assaulted in 2007 at the age of 17. He was struck on the head and knocked to the ground in an unprovoked attack. His jaw was broken in two places and he suffered dental injuries. His family described how he was confused at hospital and kept repeating the same questions over and over again. At the time, he was in his second year of a media course at college and had secured a place at Bournemouth University.
He, with the assistance of his father submitted his application to the CICA for compensation. He relied upon them to obtain the necessary medical evidence and they consulted with his treating consultants.
The CICA refused to accept that he had sustained a head injury and instead awarded him £4,940 in respect of his jaw fractures. He challenged the award which the CICA confirmed on review.
Mr H realised he needed help and his father managed to persuade his legal expense insurers to pay for legal representation. We were instructed in October 2011 to conduct the Appeal. We secured additional time to gather evidence to support the appeal and submit a detailed schedule of financial losses.
Mr H had not taken up his degree place due to memory problems, loss of confidence problems word finding and writing assignments. He had completed his college course with assistance from the teaching staff.
The CICA had obtained a report from a neurologist already which stated he had sustained a head injury. The CICA ignored this evidence. We gathered additional evidence from a maxillio facial expert, neuropsychologist and an employment consultant. We also obtained witness statements from his former college lecturer, current work colleagues and friends. It was Mr H's ambition to work as a film editor. We obtained statements from people working in that field of a similar age detailing their career progression and future options.
The appeal was heard before a 3 man panel on 21 November 2012. At the hearing the CICA accepted that he had sustained a brain injury but said it was mild and not impacting on either his home life or his career prospects.
The tribunal heard from Mr H and his father and considered all the evidence we had gathered. It increased Mr H's award from £4940 to over £200,000. The tribunal accepted that Mr H had suffered a moderate brain injury and that his employment prospects had been impeded. Despite Mr H being in full time paid employment, they accepted that his prospects were limited and awarded him £179,000 on account of his future loss of earnings.
The tribunal increased his award for the injuries sustained, awarded care provide his family and also the cost of future dental treatment. I am delighted with the result we achieved for Mr H. This is a young man whose life has been significantly affected by an incident that occurred several years ago and his lost opportunities have now been properly compensated.
This award will provide security for his future. Legal costs are not recoverable in CICA proceedings and therefore many victims do not seek legal help. If Mr H's case is anything to go by, many victims may be under compensated.
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If you would like to talk to someone and discuss a potential claim please call us on 0344 620 6600 anytime between 8am and 6pm Monday to Friday, or if you would prefer you can email us at email@example.com