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News & Knowledge » Nottingham Attack Survivors Speak Up: Psychiatric Injury & Personal Injury Claims Explained
On 13 June 2023, Wayne Birkett, Sharon Miller, and Marcin Gawronski were victims of the Nottingham van attack driven by Valdo Calocane, causing serious injuries to the three pedestrians.
Only one hour before the van attack, Calocane had fatally stabbed 19-year-old Barnaby Webber, Grace O’Malley-Kumar, and 65-year-old Ian Coates.
Birkett and Miller have shared their stories with the BBC, expressing survivor’s guilt and wishing the killer had taken them instead of the two young students.
Nottingham Attack: What Happened?
Wayne, a forklift driver, sustained severe brain and physical injuries after being hit by a Calocane, who deliberately swerved across the road and drove into the back of him.
The 61-year-old, who spent six weeks in the hospital, has no recollection of his life before 13 June 2023. Being left severely injured, he had to relearn basic skills like reading, brushing teeth, and using a knife and fork.
Wayne’s partner Tracey has been caring for him since the attacks, addressing his persistent leg and back pain, headaches, and loss of memory.
While Sharon Miller, a 46-year-old survivor of Valdo Calocane, left for work as a cleaner before getting the bus and crossing Market Street.
Sharron suddenly saw a van and was in the air, feeling like she was dying, seeing only white.
Suffering life-threatening orthopaedic injuries and psychiatric trauma, commonly seen in road traffic accident claims involving pedestrians.
Including breaking her toe, ribs, laceration of her spleen, and a large, infected hole in her leg.
Leaving her unable to return to work due to physical demands, but she is making progress and feels safe at home. Enjoying time with her family and grandkids.
Survivor Testimonies: Wayne Birkett & Sharon Miller
One thing Sharon and Wayne have in common is the Survivor’s guilt following the accident that they both experienced following the assaults.
On behalf of the victims, Wayne expresses his regret for the poor students’ fate and the terrible court case, stating that his own experiences were nothing compared to theirs.
Cases like Wayne’s often involve claims for traumatic brain injury and loss of income. In such incidents, psychiatric injury compensation is also viable.
While Sharon added she suffered mental trauma after the accident, “When I heard what had happened to Barnaby or Grace, I thought, ‘I wish he’d took me instead of them’. They were so young and still had their lives ahead of them – you feel so guilty.”
“You should be able to go to work, and they should be able to walk around; It’s just so wrong.”
The Calocane Verdict and Sentencing
Before the attacks, Calocane had been diagnosed with paranoid schizophrenia.
In January 2024, he admitted to three counts of attempted murder and three counts of manslaughter on the grounds of diminished responsibility and was sentenced to a hospital order.
The BBC chose not to publish a picture of Calocane at the request of the survivors. “I’m always seeing his face, it’s constantly on the news,” Sharon said.
Numerous reviews, including one on mental health homicide that NHS England commissioned, have been sparked by the case.
Response to the incident
Sharon and Wayne were contacted earlier this year to discuss a judge-led public inquiry with the families of Mr. Webber, Ms. O’Malley-Kumar, and Mr. Coates.
They are actively participating in the investigation chaired by Her Honour Deborah Taylor, with the hope that the findings will lead to significant changes to prevent future incidents.
Greg Almond, a partner, and solicitor at Rothera Bray who represents both Sharon and Wayne, says it is “crucial for the survivors to be central to the inquiry.”
“They want to put their story across and make sure they’re not forgotten survivors,” he added.
Frequently asked questions:
Psychiatric Injury Claims: What You Need to Know
Psychological harm can result from a stressful incident or a sequence of incidents.
You might be eligible for compensation if you were in a car accident and did not suffer any physical injuries, but you are experiencing psychological repercussions as a result of the event.
A car accident can cause psychological harm such as anxiety, melancholy, low mood, or post-traumatic stress disorder (PTSD).
In addition to a variety of physical symptoms, such as disturbed sleep, psychological damage symptoms may include flashbacks, nightmares, brooding over the event and what-ifs, poor mood, and irritability.
Even if you have not sustained a soft tissue injury or whiplash, you may still be eligible to file a claim for compensation if you have any of these symptoms after a traffic accident.
Do I Have a Personal Injury Claim as a Pedestrian?
Fast-moving vehicles, whether it be a car, van, or lorry, could be seen as a dangerous weapon. So, the duty of care often falls more heavily on the vehicle driver than it does on the pedestrian for the obvious reason that metal is harder than skin.
So, it is likely that if you were involved in a road traffic accident, you have a personal injury claim.
Whilst in some situation’s liability can be apportioned on a split liability basis, it can often be more favourable to the injured pedestrian. However, this does not warrant carelessness by the pedestrian, and there is still an expectation that pedestrians adhere to the Highway Code:
- Pedestrians should use pavements if provided.
- If there is no pavement, stick to the right-hand side of the road to be wary of oncoming vehicles.
- Wear lightly coloured bright or fluorescent clothing in poor daylight conditions.
- Where there are barriers, use the gaps provided – do not climb over them.
If you have to cross between two vehicles, treat the outside of the vehicles as the kerb.
How is compensation for psychiatric injury after an accident calculated?
Injury claims are valued based on compensation for pain, suffering, and loss of amenity. The length of the injury, from symptom onset to resolution, is a key factor. The level of pain varies, and injuries can be minor or severe. The extent of the injuries and the impact on life are also crucial factors.
The impact of injuries on a victim’s life depends on their activeness, such as a full-time worker in the building industry contributing to a large family, who could be severely affected by extended work absences.
After a doctor determines the injury’s cause and level, settlement discussions can begin, subject to liability agreement. The Judicial Studies Guidelines, released by courts, provide examples of compensation levels for common types of personal injuries.
In addition to this, details of cases that have been to trial are reported on and can be reviewed in order to ascertain the awards that the court would give. If a similar injury, causing a similar effect in the victim’s life can be found, then that case law can be used as a guide.
Further information:
Nottingham attacks survivors speak out for first time.
Oakwood Solicitors Pedestrian and Cyclist Claims.
READY TO SPEAK WITH A PERSONAL INJURY EXPERT?
If you have suffered psychiatric or physical trauma following a road traffic accident, whether as a pedestrian, passenger, or driver. We are a UK personal injury law firm who are here to help.
Call Oakwood Solicitors on 0113 200 9720.
Or email us at enquiries@oakwoodsolicitors.co.uk for a free consultation.
Jessica Atha joined Oakwood Solicitors in October 2024. Jessica is a paralegal working within the Road Traffic Accident team. Before joining the team, she worked in business development.
She gradua…
