Criminal Assault Compensation Claim

Re: (1) Brian Goldsmith (2) Mary Goldsmith (2004)

Criminal Injuries Compensation Authority 20/5/2004

The claimants, a 65-year-old man and his wife a 57-year-old woman, received £504,708 and £4,000 respectively for the severe brain injury and secondary psychiatry injuries sustained following a criminal assault in October 1997. The first applicant suffered from hearing loss, headaches, fatigue and depression.

First claimant: Male: 58 years old at date of accident; 65 years old at date of award. Second claimant: Female: 51 years old at date of accident; 57 years old at date of award.
Criminal Injury: On 30 September 1997, the first applicant (A1) was leaving a restaurant when he was pushed by an acquaintance and fell, hitting his head against the kerb, sustaining injury.

The second applicant (A2), A1's wife, who witnessed the incident, submitted an application to the Criminal Injuries Compensation Authority (CICA) for damages for the applicants' injuries.

Injuries:A1 sustained severe brain injuries in the incident and A2 sustained secondary psychiatry injuries as a result of the incident.
Effects:A1 suffered from hearing loss, headaches, fatigue and significant problems in the areas of attention, concentration, behaviour, memory, executive functioning and language and communication. He also experienced symptoms of anxiety and depression. He also lacked mental capacity.

The local authority reviewed A1's care needs on multiple occasions, but they were unable to provide carers with any speciality or experience in regard to looking after brain injured clients.

Prognosis: All the effects of A1's injuries would be lifelong.
CICA Award: A1: £504,708 total damages. A2: £4,000 total damages.

Background to damages: A CICA application was lodged in October 1997. Between 2002 and 2004, CICA raised a succession of queries with the local authority with a view to clarifying what care provision they were making available to A1 and whether that could be viewed by CICA as a comprehensive assessment of his actual care needs. On 3 February 2002, CICA awarded A1 a gross sum of £248,528.

A1 applied for a review of this initial CICA award. Despite the permanent nature of his injuries, CICA decided that additional medical and occupational therapy expert evidence would be required. They agreed to instruct and fund the experts proposed by A1's solicitors. Further delay was experienced by CICA when they contacted the local authority to ascertain what alternative provision was being made regarding A1, who was aged 65 and had been transferred from its mental health service client base into its elder's team.

On 20 May 2004, the review was completed and A1 was awarded the maximum level of £500,000. The previous tariff award, which had not been disputed was also reinstated at £42,250. The net award of earnings was increased to £87,167 and CICA accepted that A1 required 24-hour-care and supervision to prevent risk to himself and to others. As the total of these three heads of claim exceeded the maximum award of £500,000, CICA did not make any further determination concerning other heads of claim. In addition, CICA agreed to pay past and future Court of Protection fees in the sum of £4,707.80.

The A2 was awarded £4,000 for the secondary psychiatry injuries she sustained witnessing the immediate aftermath of the assault on A1, which was reduced by 50 per cent because of a pre-dating related condition.

Body Part: Brain - Head - Cerebrum
Condition: Brain Injury - Brain Injuries - Hearing Loss - Loss Of Hearing - Hearing Impairment - Impaired Hearing - Headaches - Fatigue - Attention Impairment - Impaired Attention - Concentration Impairment - Impaired Concentration - Behaviour Impairment - Impaired Behaviour - Memory Impairment - Impaired Memory - Executive Functioning Impairment - Impaired Executive Functioning - Language Impairment - Impaired Language - Communication Impairment - Impaired Communication - Anxiety - Depression - Secondary Psychiatric