• 1 September 2010

Girl awarded £500,000 compensation after going blind

by Macks Solicitors

A young girl of four has been awarded half a million pounds compensation after she was left blind and brain-damaged, following a violent attack from her father.

Amy Laycock was just ten weeks old when she was attacked by her father while she was still in hospital. She was shaken violently by her 25-year-old father David Charlton so severely that she was left blind and brain damaged. The girl was left fighting for her life after the attack on 9 September 2004 in the children’s ward of Newcastle General Hospital.

As well as being left blind and severely brain-damaged Amy also suffers from epilepsy, is unable to walk or talk and will be wheelchair bound for the rest of her life.

Charlton, of Newcastle-upon-Tyne was convicted of grievous bodily harm with intent and sentenced to eight years in prison in January 2006.

The family’s solicitors have now secured a half-a-million pound compensation payout for Amy. It is the highest possible amount available under the Criminal Injuries Compensation Scheme 2001. It follows an interim payout of £100,000 secured two years ago. The payout will help provide the essential care that Amy needs, including specially modified accommodation, transport, equipment and the cost of additional carers.

Amy’s mum Emma Laycock, 25, also of Newcastle-upon-Tyne, said: “I am so relieved that I can now give Amy an improved quality of life. The money she has received means she can have the future she deserves, all the equipment she needs and loving support throughout her life. It has been a really stressful couple of years, but finally we can put everything that happened in the past behind us and look forward.”

Amy, who attends Hadrian School in Newcastle, would have been entitled to up to £3 million for her injuries if it had been a personal injury claim as opposed to criminal injuries compensation.

Emma, who is also a mother to six-year-old Robbie, said: “I am so grateful to my solicitors for being able to arrange this payment for Amy and to my family, who have been so supportive and who help so much with my daughters care. We all love Amy so much and can now feel certain that we can provide for her immediate future. It is hard to believe that David is her dad and we never talk about him. It is sad to think Amy will never be to see or play with toys like other children, but she is a happy little girl.”

Irwin Mitchell solicitor, Paul Brown, who represented Amy and Emma, said: “The assault that Amy was subjected to was horrific and left her requiring 24-hour care for the rest of her life. The payment that we secured will be used to provide an improved quality of life for her future. I and her family will ensure it is spent with her best interests in mind. While we are pleased to have secured £500,000 for Amy’s future care, the maximum possible award in cases like this, we would have preferred the scheme to have been more generous to accurately reflect Amy’s true needs.

Usually in personal injury cases, the settlement would be carefully assessed, to ensure it accurately reflects the long term care needs of the victim. However, because Amy was unfortunate enough to have been inflicted with such serious injuries during a criminal assault, her payout is capped at this level by the Criminal Injuries Compensation Authority (CICA). This settlement will almost certainly help a lot, but Amy will continue to have to rely on public-funded services to support her.”

A Ministry of Justice spokesperson said: “The Criminal Injuries Compensation Scheme is a practical way for society to express its sympathy for victims of crime, to recognise their pain and suffering and, in cases like this, to help alleviate any financial burden that has been caused by lasting injuries.”

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