A common cause of an acquired brain injury (ABI) is an assault by another person, for example a random attack or in the context of domestic violence. An acquired brain injury can unexpectedly knock a person’s life completely off course and the effects could be devastating.
During ABI Awareness week 2023, we want to raise awareness not only of the impact of a brain injury but also the help and support that can be available to people living with it. One of the ways we support those who have suffered an acquired brain injury is to help them recover compensation for their injuries where possible. Although no amount of money can reverse the impact of suffering such a serious assault, it can ease the pressures in various areas of a person’s life with regards to financial security and accessing the support they need.
In the majority of situations where a brain injury results from an assault, the perpetrator would not be insured for any claim against them for the harm caused and often would not have the means to meet any injury claim made against them. In such circumstances, a claim to the Criminal Injuries Compensation Authority (CICA) is a route for people who find themselves in this awful situation to access much needed compensation.
The CICA Scheme offers compensation to blameless victims of a violent crime and has a range of eligibility criteria that must be met in order for an award to be made. A victim of a violent crime resulting in an acquired brain injury could face a range of difficulties, such as being unable to work and requiring additional care over and above what is provided from the NHS or local authority. They may require adaptions to their home or specialist equipment to support their needs.
With a maximum award of £500,000, an award from the CICA can make a big difference to the life of someone that has suffered a brain injury as a result of an assault or attack. The CICA will need to see evidence of the nature and extent of the injuries suffered and the impact of those injuries on the injured person’s level of functioning. They will assess the evidence available and if appropriate, will make an award of compensation.
Although you do not need a lawyer to assist you with an application to the CICA, some cases can be very complicated and getting legal support can help you get the correct amount of compensation to meet any new needs you have as the result of your injury. An experienced CICA solicitor will be able to guide you through the process and make sure the compensation you receive is proportionate to the injury you suffered making sure they include in your claim all the different types of support and equipment you may need to make an as full recovery as possible.
Our experienced lawyers are always happy to have a free, no obligation chat with you and go through your options. Please contact Senior Associate, Rachel Thain directly or alternatively, give our team a call on 0800 044 8488 or fill in our contact form below.
