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A person with a brain injury gardening with his carer illustrating Criminal Injuries Compensation Authority claims and Jim's story

Jim (names have been changed to protect identity) was the victim of an unprovoked assault. He was punched, causing him to fall backwards and hit his head on a hard object. He sustained a traumatic subdural haemorrhage (a condition where blood collects between the skull and the surface of the brain) and he also sustained skull fractures.

On admission to hospital Jim underwent a right craniotomy and evacuation, a surgical procedure performed to remove a blood clot from around the surface of the brain. The injuries resulted in left-sided hemiparesis (a weakness or inability to move the left side of his body, which can make it hard to perform every day activities like eating or dressing), together with spasticity in all four limbs.

Jim instructed Brain Injury Group member law firm, Irwin Mitchell Solicitors to represent him in bringing a claim for his injuries under the Criminal Injuries Compensation Scheme, which is a Government funded scheme to compensate the innocent victims of violent crime, administered by the Criminal Injuries Compensation Authority (‘CICA’). A Court of Protection Order appointing a Deputy was obtained as Jim lacked capacity to administer his own affairs due to the brain injury sustained in the attack. Under the CICA scheme there is a limit as to what compensation can be recovered, but compensation for Jim’s injuries, loss of earnings, care and aids and equipment are being pursued.

Following his discharge from hospital, Jim was admitted to a facility by the coast. He required a full body hoist for all transfers and needed full assistance for all aspects of personal care and hygiene. All nutrition, hydration and medications had to be administered via a PEG tube and he has been incontinent of bladder and bowels.

Whilst resident in this facility, concerns were raised that there were shortfalls in his care plan, with no joined up therapy or plans in place. He did not receive any multidisciplinary rehabilitation and there were also concerns about gaps in personal hygiene care and Jim developed scabies. Jim’s progress was impacted negatively as a result of these shortfalls. Funding for the treatment he needs cannot be recovered from the CICA.

As a result, one of Irwin Mitchell’s in-house Support and Rehabilitation Coordinators was instructed to assist. She liaised with the social worker and attended multidisciplinary team meetings, and eventually, after a long struggle, Jim was transferred to a hospital for rehabilitation before being transferred on to a brain injury rehabilitation centre close to his home. There Jim is receiving the right care and rehabilitation. He has responded well to being stimulated during rehabilitation and is making good progress. The eventual plan is for him to be discharged home under the primary care of his wife with a care plan to be put in place by the Local Authority.

The CICA application remains ongoing. An interim payment was recently obtained and some of the funds from that interim payment will be used to help Jim’s wife with transport costs so she can continue to visit him at the rehabilitation centre and help with Jim’s ongoing rehabilitation.

Produced by Sarah Brumpton of Irwin Mitchell

Sarah Brumpton is an Associate Solicitor at Irwin Mitchell where she has represented clients for over 27 years. Sarah currently heads up the National team dealing with Criminal Injuries Compensation claims and represents clients over a range of claims including human trafficking, hate crime, abuse and assault.

About Irwin Mitchell

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?

Brain Injury Group is a network of approved personal injury solicitors with brain injury expertise. Moreover, our member firms have the complex injury experience to get the best possible rehabilitation and compensation for brain injuries.

Brain injury rehabilitation is important; to us, to our members, to you and towards getting the best outcome. We can help get you that best outcome. Get in touch to find out more from our brain injury experts.

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