First CICA Offer Too Low? How We Helped One Brain Injury Survivor Increase His Compensation to Nearly £200,000

Legal Support with a Brain Injury Compensation Claim

One moment changed Mr W's life forever. He had just finished work as a bus driver and was walking home when a stranger attacked him from behind. There was no warning. No argument. No reason. A single punch knocked him to the ground, where he hit his head on the road and was knocked unconscious.

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He woke up in the back of an ambulance with no memory of what had happened. The attack left him with permanent brain damage, epilepsy and disabilities that meant he would never work again.

At first, the Criminal Injuries Compensation Authority (CICA) offered him just over £50,000. With Winston Solicitors' help, that award was increased to almost £200,000.

A Violent Attack Changed Everything

Before the attack, Mr W lived an ordinary life. He worked hard, drove buses for a living and looked after himself. After the attack, everything was different.

Doctors discovered he had suffered a fractured skull and a bleed on the brain. They had to carry out emergency surgery to save his life. Although he survived, his injuries were permanent.

He developed epilepsy because of the brain injury and doctors told him he would never be allowed to drive again. He also lost strength down one side of his body and struggled with speech, memory and concentration. Simple things most of us never think about became difficult. Making a meal, getting washed or even taking a shower could put him at risk if he had a seizure.

Can You Claim Compensation for a Brain Injury?

If you have suffered a brain injury because someone attacked you, you may be able to claim compensation through the Criminal Injuries Compensation Authority (CICA).

The Scheme is there to help innocent victims of violent crime. Every case is different, but compensation may be available even if the person who attacked you cannot pay compensation themselves.

The First Offer Is Not Always the Right One

When the CICA looked at Mr W's case, they accepted that he had suffered a serious brain injury.

They offered him just over £50,000. But that figure did not reflect the full impact the attack had had on his life. It did not properly take into account that he had lost his career, would probably never work again and needed help with everyday tasks.

Mr W deserved better.

Winston Solicitors Challenged the Decision

Instead of accepting the first offer, we gathered more medical evidence and challenged the decision. The team worked closely with Mr W and his doctors to show how serious his injuries really were. We also explained how much help he now needed every day and why he would never be able to return to work.

This evidence made a huge difference. After reviewing the case, the CICA increased Mr W's compensation to just under £200,000. That was almost four times the amount they had first offered.

Serious Injuries Can Affect Every Part of Your Life

Brain injuries do not just affect your health. They can affect your family, your job, your confidence and your future. Some people need ongoing care from relatives. Others cannot return to work or need expensive equipment and support. These are all things that should be considered when a compensation claim is prepared.
That is why it is so important to make sure the CICA has the right evidence before making a final decision.

You May Be Able to Challenge A CICA Decision

Many people think they have to accept the first offer they receive. That is not always true.

If you believe the CICA has not fully recognised your injuries or the way they affect your life, you may be able to ask for the decision to be looked at again.

A solicitor can explain whether there are grounds to challenge the award and what evidence may help.

How We Can Help

If you have suffered a brain injury because of a violent crime, you do not have to deal with the CICA on your own. Our experienced team helps victims of violent crime across England, Wales and Scotland.

We can help with:

• New CICA applications.
• Reviews if you think your award is too low.
• Appeals where a claim has been refused.
• Advice about compensation, loss of earnings and special expenses.

Every case is different, but we will always give you honest advice about your options.

If you are ready to talk, or simply want to understand how the Criminal Injuries Compensation Scheme works, our friendly team is here to help.

Send the team a message at cica@winstonsolicitors.co.uk