Making a cerebral palsy compensation claim
Our medical negligence solicitors have expertise in investigating and pursuing cerebral palsy claims and birth injury claims. We act for clients all over the country from our offices in Manchester and London.
What we will do for you
If you contact us about a potential cerebral palsy or birth injury claim our in house midwife will speak to you to find out more about what happened. She has great experience dealing with parents who are distressed and often do not understand fully what has happened to their child, other than that they may have suffered a birth injury.
We will give you prompt and clear advice on whether we think you have a claim. If we think you have a cerebral palsy claim we will be happy to meet with you at the outset to discuss the case, at your home if you prefer, so that you can get to know the solicitor who will be dealing with the claim for you.
Funding to investigate your cerebral palsy claim
In any case where we feel that further investigation is necessary we will advise you on the availability of funding for the claim. The Legal Services Commission recognises our expertise in medical negligence claims and we are one of the few firms allowed to investigate these claims using legal aid. In almost all cases where we feel that a birth injury claim should be investigated it is possible to obtain legal aid to fund the legal and medical costs of the investigation at no cost to you.
Investigating your cerebral palsy claim
After obtaining all the relevant medical records we will sit down with you again to go through the records and explain the significance of what the records tell us. We will then identify and instruct independent doctors, and a midwife if necessary, to provide reports on the medical care provided and on the likely cause of the cerebral palsy. These medical experts are tried and tested by us. We know that they will give and honest and open views and will also provide as full and explanation as possible for what has happened.
We will explain the medical reports to you and advise you again on the merits of the claim. We will usually arrange a conference so that we can sit down with you, the independent medical experts and a senior barrister to ensure that the case is presented in the strongest way possible to the defendant hospital.
Court proceedings for cerebral palsy compensation
If the hospital denies liability we will issue court proceedings and pursue them, ensuring that the evidence provided to the hospital and, if ultimately necessary, presented in court is as persuasive as possible. We will put pressure on the defendant throughout to reach settlement of the claim.
How much compensation for a cerebral palsy claim?
If a court decides or the defendant admits that the hospital is liable for the injuries then we will secure an early ‘interim payment’ of compensation to ensure that the family’s immediate needs are met.
We will then arrange assessments by independent doctors, therapists, accommodation experts and technology experts specialising in identifying and meeting the current and future needs of people with cerebral palsy.
It is the future needs of the claimant which primarily determines the amount of compensation to be awarded. These are worked out as precisely as possible based on the claimant’s individual circumstances and condition. Each case is different but in many cases of severe brain injury the total value of the compensation award will be £3 million - £6 million.
In most cases large ‘lump sums’ are no longer awarded and instead the settlement will provide for the claimant to be paid a specified sum for each year of his or her life to meet the predicted needs. This is known as a periodical payment.
Ongoing support from our Court of Protection team
After an award of compensation has been made, our Court of Protection team can assist you in the management of the compensation funds to ensure that the claimant’s ongoing needs are recognised and met. You can go back to being a parent, secure in the knowledge that the day-to-day detail of your injured child's financial and legal affairs are being taken care of. They keep in regular contact with the family and care professionals and will visit at least once a year to ensure that they are meeting expectations.
Please download our cerebral palsy guide for individuals and families.
Making a cerebral palsy claim
For free, expert advice on making a cerebral palsy compensation claim call us free on 0800 0382 382. If you want to provide some details to us in advance, why not let us assess your claim now.
