Fieldfisher were instructed by David following an assault that took place on 09 August 2008. David was 30 at the time. He had been enjoying a night out in London with friends when, on leaving a pub in Bethnal Green, he was set upon by a gang of youths with sticks and bricks. He was struck in the head by a brick and sustained life threatening head injuries. He was taken by ambulance to the Royal London Hospital, where is Glasgow Coma Score was 4. A CT scan revealed a huge bleed on the left side of his brain as well as a fracture to the base of his skull and his left eye socket.
David required emergency treatment in the form of a left sided craniectomy, whereby part of his skull was removed. He remained in a coma for over 2 weeks, and remained in hospital for 4 weeks in total. Initially upon discharge David was unable to walk unaided and was unable to eat without supervision as there was a significant risk of asphyxiation. He required further treatment and was admitted to Homerton Hospital until 03 October 2008 before being transferred to the Brain Injury Rehabilitation Unit where he continued to be treated until January 2009.
As time went on it became clear that David had been rendered completely deaf in his left ear, and that he was also suffering from a significant left sided facial palsy, meaning he was unable to close his left eye. He had reduced balance and co-ordination, significant memory problems and suffered from disinhibition.
Prior to his assault, David worked as a trainee Chartered Quantity Surveyor. He was highly regarded at the company where he worked and his future was promising. David attempted to return to work on a part time and then full time basis but struggled due to his injuries. In addition, in August 2009, David had to undergo further surgery, in the form of a cranioplasty, to close the gap in his skull that had been created in August 2008. Though surgery went well, David developed post-operative complications in the form of severe epilepsy. Over the course of the following year David suffered from a number of significant seizures, and required hospital treatment as well as out-patient medication to try to control his condition.
Though David's epilepsy is now controlled with medication he was unable to return to his previous duties at work and he left his former role.
David instructed Fieldfisher to commence a CICA claim on his behalf. Expert evidence was obtained from a neurological expert and witness statements were taken from David's family, friends and employers, in order to reveal the impact of his injuries on him. In March 2013, final papers were submitted to the CICA with a request that they make a suitable offer of compensation. Finally, in November 2014, the CICA made an offer of £350,000, which David was happy to accept. The offer compensates David for the injuries he suffered as well as the loss of earnings he has sustained to date, and will continue to sustain, as a result of his injuries.
At the end of the case, David commented:
"I can completely recommend Mark to anyone hoping to gain compensation through the CICA. I am delighted with the settlement Mark won for me, it is far far in excess of what I ever expected. I am still feeling totally overwhelmed by the amount.
The process of making a claim with the CICA was extremely long and wearying, but despite my increasing cynicism, Mark remained continually confident that he would get me a substantial sum. I have to admit that, after more than 6 years of waiting, and despite Mark's assurances, I had totally lost hope in the process. Luckily for me, Mark ignored my despondency and worked diligently and meticulously to ensure I won a settlement that will make a huge difference to my life."
For further information about bringing a criminal injury claim, please contact our Personal Injury Claims team.
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