Serious injury experts at Irwin Mitchell have secured a seven-figure settlement for a man who suffered life-changing injuries after an assault when he was just three weeks old.
Our client sustained serious injuries including skull fracture, haematoma and a brain injury as a result of the assault by his maternity nurse. She was eventually found guilty for the assault and jailed.
He went on to develop Asperger syndrome and a pattern of behavioural and social difficulties.
The client’s parents brought an application before the Criminal Injuries Compensation Authority (CICA), who initially refused to accept that the assault could have caused the client's difficulties. His parents then approached us to act on his client’s behalf.
Through obtaining a number of medical reports, we established a link between the assault and the difficulties the client was experiencing, including Asperger syndrome. The experts confirmed our client’s need for care and his difficult prospects in the job market. The CICA was forced to concede the connection between these problems and his injury.
A two day hearing took place before the CICA panel during September 2013, and a seven figure award was made for the benefit of our client who is now 22. This settlement will ensure that he has the support that he needs to lead as full a life as possible. In particular, it will relieve his mum and dad from caring for him, so that they can return to being parents as opposed to carers.
Laura Middleton-Guerard, a serious injury expert based in Irwin Mitchell’s London offices, acted in the case. She said: ‘We obtained recommendations from medical experts for the client to undergo long term psychological support, speech and language therapy, as well as occupational therapy.
"The Tribunal accepted our submissions and allowed the whole of the costs for therapies. We provided evidence to support the case that our client would have been a high earner but for his injury, despite this occurring when he was only three weeks old. The loss of earnings claim was therefore also substantial.
"Finally, we persuaded the Tribunal to allow the costs of a personal injury trust to be set up to help the client manage his funds. This is one of the few reported decisions where such an argument has been successful.
"Since 1996, the CICA has capped payments for people suffering from injuries sustained during a criminal assault at £250,000. There have been no increases to account for inflation, even though many victims will require expensive, long-long treatment.
"Our client would have received only a fraction of his settlement had he been injured just five years later, and Irwin Mitchell will continue to call for a change in the law to correct this."
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