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Criminal injuries compensation victim receives substantial settlement following case appeal

Criminal injuries compensation victim receives substantial settlement following case appeal

April 18, 2021

The Incident

 

In May 2015, our 32-year-old client fell victim to a serious criminal injury assault.

The incident happened on a residential road when the client was returning home late after a night out with his girlfriend.

 

The case

Fletchers were instructed from the outset and our client pursued criminal injuries compensation for assault damages as a CICA case under the 2012 scheme.

Chartered Legal Executive, Lisa Williams took over the case in December 2016. After proceeding with a criminal injuries assault case through the CICA, an initial award of £17,550 was made on 31st May 2017.

The award was not accepted, and Lisa requested a review of the reward. On 29th January 2018 the award was re-stated.

Following this, Lisa took further instruction from her client’s family and initiated an appeal on 30th April 2018.

Directions were set down by the tribunal during the case for the provision of medical evidence and special damages evidence.

The matter was then eventually listed for a hearing on 9th March 21, at which the final decision was made, almost six years following the initial assault.

For Lisa, the violent attack compensation case in general was a hugely complex one. Our client had pre-existing psychological issues and experienced issues with short-term memory loss.

The aftermath

As a result of the injuries sustained in this assault, a severe traumatic brain injury with a fractured skull and PTSD, our client has since been deemed to lack capacity.

Our client is also at a life-time increased risk of developing epilepsy and continues to require support from his mother and other family members on a day to day basis.

The case outcome

In moving forwards with an appeal for a fair criminal injury compensation settlement, Lisa and her team were able to secure much needed medical evidence to ensure our client’s brain injury was properly categorised.

Lisa’s unrelenting and decisive litigation ultimately secured our client a fair and just criminal injury compensation award.

Sheer perseverance on Lisa’s part took the matter to tribunal within her appeal. The tribunal made an award of £117,373, totalling up to be £100,000 more than our client would have received from CICA.

Our client received a final and full settlement worth £117,373 in compensation for the PTSD attack.

Colleague and Senior Chartered Legal Executive, Caroline Morris said:

In my experience, CICA cases are some of the hardest fought cases to win. The unyielding format you must navigate to even get a case accepted is difficult enough but, to have the nerve and determination to turn down two offers and take a case to Appeal should be recognised.

 “This case took six years to resolve for a young man who sustained life changing injuries. The money recovered for him will make a huge difference to his life. Without Lisa fighting his corner he would have accepted an award £100,000.00 less than what she eventually recovered for him. As well as navigating the CICA scheme, Lisa has managed the very high demands of his family with nothing but professionalism and care. A case like this does not come around often and she should be commended for her efforts.”

Lisa concluded:

“This case arose from a hugely violent and traumatic event. The effect on the Appellant and his family was and is immeasurable. I am pleased that we were able to achieve as fair an award as the CICA 2012 Scheme permits and hope that it goes some way towards helping the Appellant move on from this incident and invest in his ongoing future recovery.”

 

Lisa Williams is a Chartered Legal Executive within Fletchers Solicitors’ Serious Injury Team

 

 

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