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A momentary loss of control resulting in a one punch attacks can have a devastating and long term impact on both the victim and their immediate family and friends. Very often a one punch attack can cause a significant brain injury. Although nothing can change what has happened often the victim will have the right to bring a claim for compensation to the Criminal Injuries Compensation Authority (CICA).

The CICA is a Government Agency which pays out awards of compensation to victims including those victims of one punch attacks, where the conditions set out in the Criminal Injuries Compensation Scheme are met. The CICA will only pay compensation to blameless victims of one punch attacks.

At Irwin Mitchell, we have a dedicated CICA Team who represent many types of victims of crimes of violence, including victims of one punch attacks. We obtain all the necessary evidence required in each case to recover compensation on behalf of our clients for both their physical and mental injuries. We also help clients recover compensation from the CICA for loss of earnings, care costs, aids and equipment and the costs of adapting their property following their brain injury if that is needed. In certain cases, our firm’s Court of Protection Team will apply to the Court of Protection for a Deputy to be appointed where the client cannot manage and administer their own affairs because of the attack. Our Court of Protection Team will also help set up a Trust at the end of the claim, where necessary.

We can apply for interim payments during the course of the CICA claim so that our clients can use the funds for any urgent ongoing costs, including aids and equipment costs and property adaptation costs.

In cases where the victim unfortunately dies as a result of a one punch attack, we can bring a fatal CICA claim on behalf of the victim’s estate. In such fatal cases, we secure compensation from the CICA for funeral costs, bereavement payments and dependency payments if the victim has children.

We help our clients in their recovery with the help of our Support and Rehabilitation Coordinators who provide practical support to brain injured clients in the immediate aftermath of an attack, including helping the clients obtain the medical treatment and rehabilitation required, referring clients to specialist charities and practical day to day support and liaising with local authorities regarding care needs. We also have a dedicated Welfare Benefits Team who will advise clients on the state benefits they are entitled to following an attack.

Criminal Injuries Compensation Claim Case Study

BS was aged 26 years when he was the victim of a one punch attack whilst on a night out with friends in Chesterfield in 2021. BS was in the wrong place at the wrong time and the incident was completely unprovoked. BS sustained a serious brain injury as a result of the attack, together with secondary mental injuries in the form of anxiety and depression.

BS instructed Irwin Mitchell to bring a CICA claim on his behalf for his injury and other losses. The claim remains ongoing.

BS suffers from poor concentration and poor short term memory. He suffers from frequent dizzy spells and has difficulty coordinating the use of his left hand since the brain injury. His partner had to take two months off work in order to care for BS following the attack and she prepared all his meals and helped him with all of his personal hygiene matters. BS still continues to require ongoing care and support from his partner and family. He is very anxious when leaving the safety of his own home, for fear of a further unprovoked attack.

The attack has devastated BS’s life. BS was working as a Ground Worker at the time of the attack but has not been able to work since the attack due to his physical and mental injuries. This has resulted in severe financial pressures on BS. Our Welfare Benefits Team has helped ensure that BS is getting the state benefits he is entitled to. An interim payment has also been secured to help ease the financial pressures and pay for some house moving costs.

At the end of his case, our dedicated Trusts team will help set up a Personal Injury Trust, so that the CICA compensation award will not affect BS’s state benefits.

Produced by Richard Lawson of Irwin Mitchell

Richard Lawson has been qualified as a solicitor for 23 years and has more than 15 years’ experience in dealing with CICA claims.

Irwin Mitchell are a national law firm whose solicitors work hard to make things easier for their clients and their family. Over the past 2 years they have helped clients recover more than £1 billion in compensation, but this is only part of the story, their solicitors also help clients access the rehabilitation, medical care and support needed to achieve the best recovery possible.

How can Brain Injury Group help?

Among our membership we have specialist CICA solicitors who can assist clients at any stage of their claim. Whether you know someone who is looking for a solicitor to bring a claim from the start on their behalf, or things have got too complicated and they need some assistance part way through, or they would just like some free advice become commencing a claim themselves, we are here to help.
Email, telephone 0800 612 9660 or speak to us via Live Chat on our website.

Richard Lawson has been qualified as a solicitor for 23 years and has more than 15 years’ experience in dealing with CICA claims.

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