Information provided by the Office for National Statistics shows the amount of violent crime that occurs in England and Wales. In September 2021 alone, there were 908,000 incidents of violent crime, with 634,000 of these incidents leading to some form of injury.
This brain injury compensation case study looks at a case of serious assault which happened to a claimant who was at the time of the attack, a child. The claimant was attacked and beaten by a group of youths for a prolonged period of time. This resulted in several injuries, such as a skull fracture and brain damage. The claimant was awarded a total of £477,000 in damages.
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Please read on to learn more about claiming and have examples of potential brain injury compensation payouts shown to you. These can help provide you with an indication for what you could receive. If you prefer, you can also use our brain injury compensation calculator online which will break down your potential compensation.
Select A Section
- How Often Do Serious Assaults Cause Brain Damage?
- Establishing Liability For Brain Injury Compensation Claims
- What Injuries Were Sustained In The Brain Injury Compensation Case?
- What Did The Head Injury Settlement Amount Include?
- Common Cases Of Compensation For Assault By Beating
- How Much Money Can You Get From A Head Injury?
- No Win No Fee Head Injury Compensation Payouts
- Contact Legal Expert Today
- Useful Links
How Often Do Serious Assaults Cause Brain Damage?
Serious assault compensation is paid out to people who have been the victim of serious, criminal assaults and attacks. Acquired brain injuries affect around 340,000 people per year in the UK. Whilst the claimant is most affected by what can very often be very serious and life-changing injuries, there is very often a whole host of people, from family members to friends and colleagues, who are also affected. The consequences of a brain injury will often be life-long and cause huge changes in a person’s life.
What Is Considered A Serious Brain Injury?
You may be wondering, “what is considered a serious brain injury?” The brain injury association, Headway, helps clarify what a serious brain injury is. A severe brain leads to the patient being unconscious for six hours or more or in a state of post-traumatic amnesia for at least twenty-four hours. However, it’s important to note that categorising injuries in this way does not always give an accurate insight into the long-term effects.
In comparison, a moderate brain injury can lead to unconsciousness for up to six hours while, in some cases, a mild brain injury or concussion will not lead to unconsciousness at all.
Brain injury compensation payouts are dictated by many factors, including the severity of the injury and the degree to which it has negatively impacted you. To learn more about how much you could receive, please contact us or use our brain injury compensation calculator.
Establishing Liability For Brain Injury Compensation Claims
In this case study, the claimant was assaulted by a group of people whilst they were a child. The ages of the attacking youths were not revealed in the initial case study. Solicitors acting on behalf of the claimant alleged that the criminal assault was the cause of the claimant’s rather extensive brain injuries. The brain injury solicitor working on behalf of the claimant demonstrated that they would not be able to live or work independently and that any compensation for assault by beating they received would need to take this into account.
It was also demonstrated that the claimant found it difficult to form and maintain relationships with others. They also had a much-increased risk of developing dementia at a much earlier age than could have previously have happened.
To support the case and establish liability, specialist medical reports were supplied. These showed the applicant had already had learning difficulties before the attack happened. They did, however, show that they would have been able to live a normal life, working and living independently. They demonstrated that the claimant’s future prospects had been radically altered. The allegation also showed that the claimant may in the future need a Court of Protection order to protect them.
What Injuries Were Sustained In The Brain Injury Compensation Case?
The head injury claim amount included damages for the skull fracture as well as the widespread damage to their brain. Immediately after the assault, the claimant was taken to intensive care for treatment, before being transferred to a neurosurgical specialist unit. In total, he remained in a hospital for one month.
The family of the claimant needed to provide him with intensive care whilst at home. The claimant was subsequently able to return to education. Upon completing their studies three years later, the victim required complete and full-time care. This was provided by his family members.
What Did The Head Injury Settlement Amount Include?
In this case, it was determined that the serious assault was the direct cause of the injury to the claimant. A total of £477,177 was awarded in damages. This was made up of several different awards for different damages. These included;
- £111,980 in general damages for pain and suffering as well as his loss of amenity.
- £284,839 in special damages were awarded for their loss of earnings (covering past and future earnings).
- £40,668 in damages for medical care the claimant required.
- £40,000 in further damages were awarded as part of the Court of Protection costs.
In cases where the person the claim is being made against is either unidentified or does not have the necessary financial resources to make the payment, the Criminal Injuries Compensation Authority (CICA) is able to pay the compensation. The CICA can pay compensation to crime victims in the UK. It is funded with public money and will payout even if the person responsible has been caught or not.
Common Cases Of Compensation For Assault By Beating
Aside from assaults and attacks, other causes of brain injuries can be from slips, trips or falls, having an accident as a pedestrian or car crashes and other vehicle accidents. Certain accidents can cause more serious traumatic brain injuries than others. The risk of brain damage will increase with the severity of the accident and the extent of the overall head injuries.
How Much Money Can You Get From A Head Injury?
You may understandably have queries, such as “how much money can you get from a head injury?” As previously mentioned, brain injury compensation payouts depend on many different factors, including how serious your injury is and the length of the recovery time required, if you’re able to recover at all.
The CICA can provide compensation to you if you’ve been the victim of violent criminal acts in England, Scotland and Wales. In order to claim compensation through them, you would need to report the crime to the police as they need a police crime reference number to process your claim.
Please see below compensation amounts taken from the CICA tariff. You have a set amount that you can receive for a specific injury. You can also claim for up to three injuries caused by the same violent crime. If you claim for multiple injuries, you would receive 100% of the tariff amount for the highest valued injury, 30% of the tariff amount for the next highest valued injury, and 15% of the tariff amount for the lowest valued injury,
| Injury Type | Severity | Compensation Amount | Features of Injury |
|---|---|---|---|
| Brain Damage | Minor Head Injury | £1,500 | One or more of headaches, balance impairment or concussion lasting 28 weeks or more. |
| Brain Damage | Minor Head Injury | £6,200 | One or more of headaches, balance impairment or concussion in which that injury or injuries are permanent. |
| Brain Damage | Minor Brain Damage | £6,200 | Good recovery meaning that the injured person is able to socialise and return to work. However, issues with memory, concentration and mood affect aspects of their life. For this amount, these issues will be short-lived, occurring for less than six months. |
| Brain Damage | Minor Brain Damage | £16,500 | Same as above but the issues are medium term, lasting for between six months to two years. |
| Brain Damage | Minor Brain Damage | £22,000 | Same as above but the issues are long-lasting and significant, lasting for more than two years. |
| Brain Damage | Moderate Brain Damage | £27,000 | Symptoms include intellectual deficit, some dependence on others and a personality change causing there to be a reduced ability to work. For this amount, the negative impact will be slight. |
| Brain Damage | Moderate Brain Damage | £55,000 | Same as above but the effects from the injury are moderate. |
| Brain Damage | Moderate Brain Damage | £82,000 | Same as above but the effects from the injury are significant. |
| Brain Damage | Moderately Severe | £110,000 | Serious disabilities relating to the physical and mental faculties, leading to them needing professional care on a substantial level. |
| Brain Damage | Very Serious Brain Injury | £175,000 | Severe limitation of a physical nature, with a significant reduction of life expectancy and a significant impact to their senses. |
If you want a compensation estimate that is more specific to your injury, you can use our brain injury compensation calculator. Our compensation calculator is quick and easy to use, meaning you can have an estimate in just minutes. If you prefer, however, please contact us for free legal advice using the details below.
No Win No Fee Head Injury Compensation Payouts
Our specialist No Win No Fee services are a great way for you to access the legal services you require. With No Win No Fee, you can get the help you need, regardless of whether or not you can afford upfront payments or ongoing costs. Our conditional fee agreements mean that you won’t pay anything for the lifetime of the claim.
If we don’t win your claim, we won’t charge you a penny for our services. Even if you do win, you still won’t have to pay a penny as our costs are reclaimed as part of the case. By law, our fee will never be more than 25% of the damages you receive.
Contact Legal Expert Today
To find out more about brain injury compensation from a serious assault claim, talk to the specialist legal solicitors at Legal Expert today. You can call us on 0800 073 8804. You can also email us with the details of your case, use the contact form on this page, or chat to us using our online chat feature. We are ready and waiting to help you get the brain injury compensation you deserve.
Useful Links
Compensation For Assault Calculator
If you have suffered a brain injury, see how much concussion compensation you can get here.
Head Injury Compensation Payouts
Use our head injury compensation calculator to find out how much you could be entitled to.
To learn more about potential brain injury compensation payouts or if you would like to know if you’re eligible to claim, please contact us for free legal advice using the details above.
