Stoke Man Left Brain Injured after Subway Attack to be Awarded Compensation
Brain injury following subway attack
01/10/2008
A Stoke-on-Trent man, who has been left with a serious brain injury, after being attacked in a subway by an unknown assailant, is finally a step nearer to being awarded compensation for his injuries.
The Criminal Injuries Compensation Authority which initially refused to accept that 46 year old Trevor Fairbanks had been attacked, have now accepted that Mr Fairbanks is entitled to an award following an appeal before an independent appeals panel held in Birmingham last week.
Mr Fairbanks had been out for an evening with friends in Newcastle-under-Lyme on 8th October 2005. He had been walking back to his car in Goose Street car park, in order to put extra money in a parking meter, when the attack happened.
An off duty nurse discovered Mr Fairbanks lying badly injured in a subway and provided emergency first aid until paramedics arrived. Mr Fairbanks was rushed to hospital where a CT scan showed he was suffering from a fractured skull and a severe brain haemorrhage. He spent more than six weeks in hospital recuperating from his injuries and has since been left with a serious brain injury.
Lawyer, Caroline Jepson, from law firm Irwin Mitchell, who has been helping Mr Fairbanks in his legal battle, explains: “In cases like this, there is compensation available through the Criminal Injuries Compensation Authority (CICA). It is normally sufficient to prove that a person has been the victim of an attack, regardless of whether an assailant has ever been identified.
"In Trevor’s case, CICA initially refused to accept police evidence that he had been assaulted by an unknown assailant and for almost three years have been refusing to pay compensation.
"At the appeal we were able to back up the police reports by producing independent medical evidence that Trevor’s injuries could not have been caused by a simple fall but were the result of either being kicked savagely in the head or attacked with a blunt weapon such as a lump of wood or a brick."
CICA have now made an interim payment to Mr Fairbanks, who has been unable to return to work as a prison officer since the incident and it is hoped that a final financial settlement will be made soon.
Mr Fairbanks commented: “My life has been turned upside down as a result of the attack. I have serious memory loss which affects virtually every aspect of day to day living. Frustratingly it also means I have no recollection of what happened that night. However, all the evidence proved that I was an innocent victim of a vicious assault and I cannot believe that CICA tried to get out of paying me compensation for my injuries. I’m just very relieved now that my case has turned a corner and although the money will never turn back the clock and put right what happened, I will at least receive financial support for my loss of earnings.”