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Cerebral Palsy Claims

A child with cerebral palsy will have a range of complex needs and likely require specialist support for the rest of their life. While it typically takes until a child is four or five years old to receive a full diagnosis, if you believe your child may be affected by cerebral palsy, it is a good idea to start working towards securing the help they need as soon as possible.

For most ordinary families, the cost of getting a child with cerebral palsy the right support is beyond their means. This is why claiming compensation is so essential. It can enable you to provide for all of your child’s needs and give them the full, happy life they deserve.

Our highly experienced medical negligence solicitors can quickly assess your case and give an honest opinion on whether your child is likely to be owed compensation. We can guide you through the whole claims process, giving you the best chance of getting fair compensation for your child as quickly as possible.

Initial, no obligation consultation

You likely have a lot of questions and we know that speaking to a lawyer can seem intimidating. To give you the answers you need and the confidence to make the right decisions for your child, we offer an initial consultation to discuss your case with no pressure to move forward with a claim unless you feel totally comfortable doing so.

Speak to our cerebral palsy claims solicitors about starting a claim

Is your child living with cerebral palsy as a result of a birth injury? To find out more about starting a cerebral palsy compensation claim you can:

Our Clinical Negligence team is headed by CWJ Partner David Greenhalgh, a solicitor with decades of experience in all types of medical negligence claims. David is ranked band 2 by Chambers & Partners for clinical negligence and is a member of the Law Society’s Personal Injury Clinical Negligence panels and Action against Victims of Medical Accidents (AVMA).

CWJ Partner Alex Wormald specialises in clinical negligence litigation, having originally qualified as a barrister before cross qualifying as a solicitor. With exceptional litigation experience, Alex has achieved substantial compensation for clients under even the most difficult circumstances. He is also very actively involved with AvMA.

Clarkson Wright and Jakes is regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continue to meet the highest standards of legal practice.

Cerebral palsy claims explained

How do I know if my child is entitled to compensation for cerebral palsy?

This is the first question we will need to answer. If we can prove that your child’s cerebral palsy was caused by medical negligence before, during or shortly after their birth, they will be entitled to compensation.

Proving medical negligence will rely on various types of evidence, including medical records, assessment by independent medical experts and witness testimony. We will work with you to secure this evidence and build a strong case, giving your child the best chance of getting fair compensation as quickly as possible.

How much compensation can my child get?

This will depend on the circumstances and your child’s needs. Once we have established that they are owed compensation, working out how much is the next step. This is often referred to as ‘assessing quantum’.

The exact level of compensation will be determined by factors including:

  • The cost of specific treatments, special equipment and care support your child needs
  • The impact on your family e.g. if you have to give up work to care full-time for your child
  • Your child’s pain and suffering
  • Loss of amenity i.e. things your child would normally have been expected to be able to do that will not be possible due to their condition.

How are cerebral palsy claims resolved?

Cerebral palsy claims are complex and normally take several years to achieve a conclusion. We always aim to balance getting you the swiftest possible resolution with making sure your child gets the maximum possible compensation.

Out-of-court settlements for cerebral palsy claims – In some cases, we will be able to agree an out-of-court settlement if the NHS trust or other responsible party accepts liability and offers a fair settlement. This can save you a lot of time and legal costs, as well as making the claims process less uncertain and stressful.

Taking your claim to court – Due to the complexity and high value of most cerebral palsy claims, they are often fiercely contested by the other side and it is possible court proceedings will be needed to secure compensation. If this is the case, we will make sure your case is prepared effectively, that you have the strongest possible representation and that you get the sympathetic personal support you need every step of the way.

Funding for cerebral palsy compensation claims

There are various options for funding a cerebral palsy claim, including:

Legal Aid – This is likely to be an option for cerebral palsy claims as legal aid is available for cases where a child suffered a severe physical or neurological injury at birth. There are strict eligibility requirements which we will be happy to talk you through.

Conditional Fee Arrangements (CFA) – Commonly called ‘no win, no fee’ deals. This means you do not need to pay anything to start a claim and our fees will only be payable if we are able to secure compensation for you. This means that your personal financial situation and eligibility for legal aid should never be the deciding factor in whether you can pursue compensation for your child.

Legal expenses insurance – This is often offered as an optional extra with home insurance and car insurance policies, so it may be worth considering if you have the right type of cover.

It is also worth noting that, if your child’s claim is successful, some or all of your legal fees may be recoverable from the other side, which can significantly reduce your costs.

Time limits for cerebral palsy claims

Exactly how long you have to claim will depend on whether your child is deemed to have ‘mental capacity’ i.e. the ability to make decisions about their own legal and financial affairs.

If your child is considered to have mental capacity, then you will have until they turn 18 to make a claim for them. They can then bring their own claim up until their 21st birthday.

If you child is considered to lack mental capacity (e.g. they have severe learning difficulties), then there will be no time limit for you to claim for them.

Looking for more answers about making a cerebral palsy compensation claim?

Our FAQs answer many common questions such as “am I eligible to make a personal injury claim?”, “how is my injury claim pursued?”, “how long will my personal injury claim take?” and “how much compensation will I receive from my negligence claim?”

Speak to our cerebral palsy claims solicitors in Orpington today

If your child has been left with cerebral palsy due to medical negligence before, during or after their birth, and would like to find out more about starting a claim, you can: