Publication
50467 (25 May 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Application Number – 50467
Criminal Injuries Compensation Tribunal
Applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
The Applicant submitted he was attending [ ] when he got into an argument with [ ]. The Applicant submitted he was thumped in the face by either [ ] or [ ] and that the subsequent injury was so severe that he could not remember which one of them had struck him. As a result of the assault he fell, striking his head off the hard floor. He was unconscious for approximately five minutes. Later that evening the Applicant was taken to [ ] Hospital [ ] as his wife could not wake him. Soon afterwards he was taken by a helicopter to [ ] Hospital where surgeons carried out a craniotomy to remove a large subdural haematoma. The Applicant remained in a coma for four weeks and in intensive care for five weeks. He was eventually transferred to the [ ] for rehabilitation treatment. The matter was not reported to An Garda Siochana for approximately 11 days.
The Applicant submitted that at the date of the injury he was earning £1,270 per month. The Applicant estimates his loss of earnings to date as a result of the incident to be £26,670. The Applicant received housing and council tax benefit disability living allowance after the incident. The Applicant submitted that his wife suffered a loss of earnings while staying in Ireland to look after him as well as having to pay for B&B accommodation. When she did return to work, she returned part time in order to care for the Applicant. The Applicant submitted he could no longer afford to live in his home and therefore incurred costs of approximately €1,000 having to move home. The Applicant further submitted that he incurs expenses of monthly prescriptions in the sum of £6.75. The Applicant also submitted that he has incurred travel expenses both to and from Ireland in the sum of £200 and £100 travelling to and from hospitals. The Tribunal had the benefit of the medical report from Mr. [ ] Consultant in Accident and Emergency Medicine, which confirmed that the Applicant had a right subdural haematoma with midline shift evident from a CT brain scan carried out on him. The Tribunal had a further report of a Mr [ ] to [ ]. Consultant Neurosurgeon in [ ] Hospital. The report confirmed that the Applicant was transferred to [ ] Hospital in [ ] for rehabilitation. The Tribunal had the benefit of a report from Dr [ ] Consultant [ ] in Rehabilitation Medicine in the [ ]. The report confirms that the Applicant was admitted to the Neuro Rehab Unit on [ ] to [ ] and subsequently followed up in the outpatient clinic. The report confirms that during his admission he was suffering from cognitive problems relating to memory impairment, impairment of concentration, new learning and all over dysexecutive problems and visual problems with ongoing problems in relation to a loss of sense of smell and taste sensation together with weakness in his lower limbs and instability in the right shoulder. The report confirms that the residual deficits were cognitive impairment, limited exercise tolerance, anxiety and depression, bilateral myositis ossificans around both knees, craniotomy scar and decreased confidence. The report concludes in relation to employment issues that the patient had shown fortitude and had started to work two days per week. However, [ ] opined that the applicant would not be able to carry out heavy building work or go back to full time employment. [ ] referred the Applicant to a psychologist for counselling session to assist with temper outbursts. [ ] submitted a invoice for £350 for his medical report. The documentation shows that the Applicant pursued a civil claim and was awarded [ ] in respect of same.
By letter dated [ ] the Applicant was asked to submit details of his earnings prior to the incident and evidence of any benefits received as a result of the incident. The Tribunal did not receive a response to that letter and sent a letter dated [ ] requesting the Applicant to submit any necessary documentation by the [ ] and informing the Applicant that in the absence of any response the file would be send to a Tribunal member for a decision. No response was received to that correspondence.
In circumstances where the Tribunal did not receive any evidence of pre incident earnings nor any evidence of the quantum of benefits received there is no way of knowing whether the Applicant has sustained any losses after the sum of [ ] already received by the Applicant is taken into account, accordingly the Tribunal makes no award in this instance.
Dated: 25 May 2022
Signed: Mema Byrne BL