Head Injuries - Victims of Assault
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Both men are in hospital and their recovery is unknown. The newspaper reported that Daniel Seabourne may not play football again and that he earned Â£10,000 a week under his contract.
I hope that both make a full recovery and my thoughts are with them and their families but wondered what life would be like if they didn't. Would either receive the rehabilitation they need or financial compensation?
I have blogged previously about the postcode lottery for treatment. I wondered what was available in Folkstone for victims of head injury. The specialist rehab unit in Southampton remains closed. So if needed, would Daniel Seabourne be placed somewhere else? If so, would that be funded by the local PCT, would he pay himself or have medical insurance that covered it? I know from having sourced private treatment for my clients this doesn't come cheap. Some units cost Â£30k a month.
I also wondered about their financial futures. Where either men insured to cover lost salary through injury? If not, what are their options? They could pursue compensation against their assailant, but if they have no assets there would be no point. The other option is making an application to the Criminal Injuries Compensation Authority. This is a government body set up to compensate victims of violence. However it doesn't always pay out.
An application has to be made within 2 years of injury. The victim must have reported the assault to the police and cooperated with any investigation. If the victim has a criminal record or their conduct is considered to have contributed to the altercation in some way, any award could be reduced.
The CICA do not compensate for the first 6 months worth of lost earnings and awards compensation on a tariff system. For a serious head injury the maximum award payable for the injury is Â£110,000, with a total award not exceeding Â£500,000. Whilst a maximum award of Â£500,000 will cover the majority of claims made, in Daniel's case if he does earn Â£10,000 a week, it would not cover a years lost salary. Does this seem fair or just??
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