At just a few weeks old, X was subjected to non-accidental physical abuse by his birth parents, resulting in him suffering severe brain damage, a burn behind one ear and two fractured legs. Our client was placed on the child protection register and was placed with his adoptive parents.
As this was an assault, a claim was made to the Criminal Injuries Compensation Authority (CICA). The CICA is a government scheme to compensate victims of crime such as this.
Over the initial 18 year period the family were provided with interim payments of just £22,000. In spite of the lack of support, our client's adoptive parents, and in particular his mother, selflessly cared for the child including schooling him at home.
The progress that X had made under the care of his adoptive mother was even more impressive in view of the contents of an MRI brain scan which revealed that 75% of the right side of the brain had been damaged. It was apparent that the plasticity of the brain for this young boy had allowed him to develop many life skills that confounded the medical experts. However there were clearly very many behavioural problems. At the time of our instruction in 2010 the family were reliant on DSS benefits. The home environment was unsuitable and the family were struggling significantly to deal with his behaviour.
The assault had occurred before 1992 and so before the CICA had a cap of £500,000. It was clear that the critical issue was to ensure that a proper care and rehabilitation regime was put in place in order to try to deal with some of the outbursts but also in order to let the client's mother to become more independent of her now adult son.
Upon instruction we were able to:
- Obtain an immediate interim payment of £50,000
- Rent more suitable accommodation for them to live in
- Employ a case manager
- Employ carers
- Obtain a full medical evaluation as to his future needs.
Reports were obtained from a number of experts including a neurologist, neuropsychologist and psychiatrist. The experts all agreed that as a result of the care provided by the client's adoptive mother our client had made amazing progress over the previous 20 years. As a result of the severity of the injuries sustained however, there was unlikely to be any further progress, and therefore our client would never be able to live independently. We were able to obtain a further interim payment of £1,000,000.
At a CICA hearing in July 2012 we were able to secure an award of over £5.5 million which will ensure that our client has a suitable care regime for life, that he can live in appropriate accommodation, and that his finances are suitably managed to ensure that he is looked after for life.
At the end of the claim, X's adoptive mother commented
"FFW not only helped us to get a significant payment, but they also supported us throughout the process, and helped us find skilled brain injury professionals who have been able to make a difference to my son's life."
All enquiries are completely free of charge and we will investigate all funding options for you including no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
"The group is praised for its commitment to 'demystifying the legal process' while this is a firm for which the client has always been a priority"
Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
£12 million settlement for woman who suffered serious brain injury after falling from a bed at John Radcliffe Hospital
Jonathan Zimmern has successfully concluded a case on behalf of Miss Julia Stanbury, who suffered a serious brain injury after she was left unattended and fell from her hospital bed at the John Radcliffe Hospital following a craniotomy.
Six figure compensation for glazier injured in accident at work
Claire Glasgow has negotiated a six-figure settlement for a young graduate who suffered a serious head injury while working on a building site in North London.
Too often, it takes tragedy for Network Rail to close dangerous railway crossings
BBC Sussex highlighted concerns that a level crossing in Plumpton in East Sussex had been locked in the up position, creating 'an accident waiting to happen'.
Finsbury Park terrorist attack: rebuilding lives
Following the guilty verdict of Darren Osborne for murder, Senior Associate Dushal Mehta speaks to BBC Radio 4.
Fieldfisher represents parents of Yousef Al-Kharboush who died in ITH Pharma contaminated baby feed case