Foilsiú
51464 (3 October 2023)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The Criminal Injuries Compensation Tribunal
In the matter of an appeal under the Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of an Appeal Panel
Name of appellant: Mr. [ ]
Application number: 51464
Date of incident: [ ]
Location: The appeal was conducted remotely in accordance with Instruction Number 2 issued by the Tribunal under paragraph 19 of the Scheme.
Appeal panel: Ms. Georgina Robinson Solicitor; Chair of the Sitting Division, CICT Member, Ms. Majella Twomey, Solicitor, CICT Member, Mr. Peter Stafford, Barrister, CICT Member
Decision: The Tribunal makes an award in the sum of €3,035.
1. Mr. [ ] (“the Appellant”) has made application to the Criminal Injuries Compensation Tribunal in respect of personal injuries criminally inflicted at [ ] on the [ ].
2. The Appellant’s date of birth is the [ ]. On the date of incident, he was in attendance at a [ ] at [ ]. The Appellant gave evidence and provided documentary evidence in support of his being [ ] when an unknown male ran up to him, grabbed him around the legs and lifted him in the air to approx. shoulder height. He then [ ]. The Appellant gave evidence that the Offender was unknown to him. However, immediately upon his impacting with the surface he heard a loud cracking sound and the Appellant sustained a serious break to his left femur bone. At that point in time the unknown male ran away from the Appellant as soon as he realized there was something wrong. [ ]. The Appellant was brought from the locus to an awaiting ambulance which transported him to [ ] Hospital.
3. The scheme allows for applications seeking compensation for personal injuries suffered as a direct result of a crime of violence. Through the Appellant’s oral evidence it is apparent to the appeal panel that the Appellant did in fact suffer an injury pursuant to a crime of violence. Furthermore, the Appellant was mistakenly under the belief the security staff present would compile an incident report which would include a report of An Garda Siochana in respect of this matter.
4. It is also noted by the Tribunal panel that the Appellant suffered horrific injuries as a result of the assault upon his person.
5. It is noted that the injuries sustained continue to affect the Appellant up to the present day.
6. In his application to the Tribunal the Appellant outlined the nature and extent of his physical injuries and the Tribunal notes in particular the following surgical treatment. The Appellant was required to have numerous sessions of physiotherapy by way of treatment. The Appellant was [ ] at the time and was required to be transported to his treatment sessions by [ ].
7. It is also noted that the Appellant continues experience ongoing issues in respect of his hip with associated pain in his hamstring down to his knees.
8. The Appellant had metal work inserted in his femur running the length of the bone with nails in his hip and knee, and he reports that his left hip has never fully recovered since the incident.
9. In particular, the Appellant suffers difficultly sleeping on his left hand side for long periods which causes him discomfort. While on long car journeys it becomes uncomfortable, and a popping sensation can often be felt in the hip where the metal work has been placed. These issues continue to be present some [ ] years post incident.
10. As noted, the Appellant was [ ] at the date of this incident therefore no claim for loss of earnings arises.
11. The Appellant also records that his medical treatment was generally afforded to him without him without him incurring out of pocket expenditure.
12. It is however the case that the Appellant at the conclusion of the hearing was invited to obtain further details from his physiotherapist as to any future treatment which may be required in his case. A medical legal report has been procured from [ ], the Appellant’s treating practitioner. An invoice has been received in respect of the report in the sum of €500 and this invoice is awarded in full.
13. In respect of the treatment prescribed it is noted within the report that the Appellant will require a physiotherapy session every twelve to eighteen months on a maintenance recovery basis at a cost of €65 per session. Noting the Appellant’s date of birth as the [ ] and noting the general life expectancy of an Irish adult male at 73 years, the sum of €2,535 is allowed towards future physiotherapy expenditure.
14. No further invoices having been submitted the award in this case is €3,035 and the Tribunal wishes the Appellant well into the future.
Signed:
Georgina Robinson
Chair of the Appeal Panel
Member of the Criminal Injuries Compensation Tribunal
3 October 2023