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A 20 year old man has been awarded over £5,000,000 for criminal injuries inflicted by his parents.

In 1971 the victim was assaulted by his parents and suffered injuries as a result of being hit and shaken. He was subsequently taken into care and later adopted.

He applied to the Criminal Injuries Compensation Authority under the Criminal Injuries Compensation Scheme 1990.

He suffered a fractured skull and severe brain injuries. He attended mainstream schools but required considerable special needs support.

He was found to have sustained severe brain injury, right visual neglect, squint, incoordination with motor impairments, small head and epilepsy. His emotional and cognitive development was years behind his natural age. He had continuing problems with cognitive function, memory motor function and executive skills. There was no prognosis for improvement.

He was considered to require permanent care and brain injury case management support.

The award which was made pursuant to the scheme in place pre tariff provided damages in respect of loss of earnings, future care and case management costs, future aids and equipment and future accommodation costs.

Kim Smerdon, Personal Injury Solicitor comments: “The Criminal Injury Compensation Authority (CICA) is a government funded body that compensates the innocent victims of violent crime. The amount of the award for personal injury is based on the tariff scheme and is decided after consideration of figures allocated for each potential individual injury. Damages awarded for personal injury have a minimum value of £1,000 and are capped as a maximum value of £250,000. In this case the victim applied under the Criminal Injuries Compensation Scheme 1990 before 31 March 1996. He was not therefore limited by the tariff scheme. We deal with a large number of CICA claims and are able to identify the maximum CICA award that is applicable. An application must generally be submitted within two years of the violent crime and as well as dealing with any claims from the outset we are often asked to review awards that have been offered and in appropriate cases can make a claim for additional damages from the CICA.”