Daryl Robinson, a Senior Associate in the Major Trauma Team has obtained a six figure award following a Criminal Injuries Compensation Authority appeal, for a client who was an innocent victim of an unprovoked attack.
Case background
Emergency services found our client unconscious in a street at night. Our client was taken to hospital and underwent a CT scan which showed a traumatic brain injury incorporating a left acute subdural haemorrhage, extensive subarachnoid haemorrhage, mass effect with some midline shift, Subfalcine herniation and a non-displaced skull fracture (Left tempro-parietal occipital area). Our client was hospitalised for 22 days before being discharged with an array of cognitive related symptoms, along with Post Traumatic Amnesia, severe Dysphasia and severe migrainous headaches.
Moore Barlow’s major trauma team were instructed and made an application for compensation under the Criminal Injuries Compensation Authority [CICA] scheme.
Our client however required acute care including Speech and language therapy, Neurorehabilitation, Physiotherapy, Routine planning, Fatigue planning, Occupational Therapy and psychological therapy. This was secured primarily from statutory services and the provision of some interim payments from the CICA. 6 months post-injury, our client began to make reference to suicidal thoughts due to the extent of the injuries and the common financial pressures that follow such an injury. Our client and his family needed a great deal of support during this difficult time. Moore Barlow referred our client to our own in-house rehabilitation co-ordinator for additional support and to help oversee input for the local community neuro team. The team were able to make a further diagnosis of PTSD, anxiety, obstructive sleep apnoea amongst other symptoms having an impact on memory, spelling, reading and concentration.
In addition to our client’s injuries and symptoms, an expert opinion reported our client was significantly disadvantaged in the open job market and very unlikely to find meaningful employment in the future due to both cognitive and behavioural difficulties. Furthermore, neurological deficits and epilepsy were also likely to negatively impact on life expectancy.
Securing financial assistance for our client
Our client regained mental capacity and an award was offered by the CICA in September 2021 and following advice from Moore Barlow, this was rejected and the process of an appeal began with the HM Courts & Tribunals Service. The appeal was against the level of tariff applied to the traumatic brain injury and other financial losses. A Tribunal caseworker was elected and directions applied reaching into 2022. In September 2022, the First Tier Tribunal Judge issued a decision notice made under rule 27 of the Tribunal Procedure Rules 2008, The award was increased by approximately 3.5 times the value of the original award and was accepted by a relieved client.
Thank you again for making our life’s a lot better and you are great.
Moore Barlow Client
Setting up a Personal Injury Trust
We advised our client on Personal Injury Trusts. It was important to safeguard all means-tested state benefits and a Personal Injury Trust was set up with the invaluable assistance of Frenkel Topping. Having a Personal Injury Trust allows the compensation obtained from an injury claim to be paid into the Trust which is then disregarded for the purpose of means tested benefits.
How Moore Barlow can help
Moore Barlow is here to help those who have suffered major trauma and need to make a claim, access rehabilitation, interim payments and secure compensation. If you need to speak with one of our expert personal injury solicitors, please call 020 3962 7333 or email daryl.robinson@moorebarlow.com
You can also visit the website to find out more about our Personal Injury Services.
