Moosa-Duke Solicitors Help Brain Damaged Claimant Recover Compensation

Posted By admin - 8th July 2016

Moosa-Duke Solicitors have recovered compensation for a Claimant following a successful appeal of a refusal by the Criminal Injuries Compensation authority (CICA).

The Claimant suffered a depressed skull fracture and brain injury when he was attacked in his home with a hammer by his landlord on 06/06/2009. Following the attack the Claimant required a debridement and a blood transfusion and he remained in hospital for 20 days. He was then homeless.

The Claimant was initially refused an award by CICA due to his past convictions, as is their entitlement under their compensation scheme of last resort.

The Claimant appealed on the basis the post incident convictions were:
• in the context of alcohol intoxication
• The alcoholism developed past accident
• The brain injury made the Claimant more vulnerable and susceptible to criminality as he developed paranoia and increased anger and impulsivity.
• Since combating his alcoholism and receiving mental health support the Appellant has had no further incidents of criminality
The expert evidence obtained confirmed that the Claimant suffered post traumatic amnesia of approximately 20 days. The Claimant suffered language impairment, owing to the injury in the left front parietal area of the brain.

The Claimant ultimately required 3 CICA Tribunal Hearings before it was accepted by the CICA that he should be given an award.

The Claimant’s award was however reduced by 40% on account of his past convictions.

The CICA determined that the Claimant’s brain injury fell within the moderate brain damage tariff which would attract an award of £55,000.

For the depressed skull fracture the award would have been £6,600 if it was the only injury. However, under the CICA scheme, on 30% is recoverable of the secondary injury, being £1,980.

Following the 40% reduction, the Claimant was offered £34,188 by the CICA.

Having pursued the case for 6 years, the Claimant was delighted with the outcome and the perseverance of his solicitor Daniel O’Keeffe.

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