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Taking Legal Action Following A Physical & Sexual Assault

Dear Brian,

I was physically and sexually assaulted by a resident of a Care Home where I was working in February 2008.  I have since suffered panic attacks, anxiety, depression, post traumatic stress disorder, insomnia and IBS.  I have had major memory loss and recently been diagnosed with Fibromyalgia.

I was given a Solicitor through my Legal Expenses Insurance on a house policy, but I have little faith in the Solicitor.  The case has been dragging on for ages and he has not begun to investigate the Fibromyalgia.  It is a case against the Care Home for being negligent and not protecting their staff.  There was no care plan in place for the resident who assaulted me.

My Solicitor says that the claim has a maximum value of £15,000 but the Defendants would not agree to pay £8,000 when we tried to reach an out of court settlement.  I have been out of work since the assault and my pain has been getting worse by the years.  Please can you advise me?

Tina

 

Dear Tina,

You do not say whether the Care Home has accepted responsibility for your assault.  Clearly there should have been a risk assessment done on the resident who assaulted you and therefore it should not be too difficult to prove that the Care Home is responsible, whether or not they have admitted liability.

I would have thought it was entirely foreseeable that an unexpected assault like this could cause the panic attacks, anxiety and depression and other symptoms about which you complain.  It might well be possible to connect the assault to the development of Fibromyalgia even though there is a long time period before the Fibromyalgia was diagnosed.  It often happens that people have the condition without the Doctors recognising it as FM until much later.

You do not seem to have much confidence in your Solicitors and the amounts that they are talking about for compensation sound very low.  You may well want to consider approaching a new Solicitor.  The Legal Expenses Insurers will probably continue to cover the new Solicitor and it can often be very healthy to have a completely fresh start to your legal case, even though that case began a long time ago.

Brian Barr

We do not endorse any research, studies or sources mentioned within our blogs and comments. Furthermore, we do not endorse any medical advice provided, and would strongly recommend anyone seeking medical advice to contact their local healthcare provider.

 

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