Hayley Devlin LLB
Legal writer and former solicitor
Cerebral Palsy Claims
Does your claim qualify? Get free, no obligation advice!
Cerebral Palsy is the most common cause of childhood-onset lifelong disability in most countries. For children who have Cerebral Palsy and their parents, claiming compensation for medical negligence ensures the child receives the best rehabilitation and quality of life.
If you’d like to explore claiming compensation, please call 0800 234 6438 or use the online form for free legal advice. A specialist will assess your eligibility for compensation and connect you with a no win no fee solicitor.
Cerebral Palsy is not a disease but a clinical description of conditions that share features of a non-progressive brain injury or lesion.
The NHS defines Cerebral Palsy as:
“…a group of lifelong conditions that affect movement and coordination. It’s caused by a problem with the brain that develops before, during or soon after birth.”
The Office for National Statistics provides an estimate that for every 700,000 per year in England and Wales, there may be as many as 1,700 new cases of cerebral palsy in children.
Most causes can be traced back to the perinatal period (the time between becoming pregnant and 12 months after giving birth.
There are four primary types of cerebral palsy, with each causing complications. The type your child develops depends on where their brain injury is and how the damage occurred.
This form of cerebral palsy causes stiff muscles, which result in jerky or repeated movements. Spastic Cerebral Palsy is further classified into three forms, including:
People with dyskinetic cerebral palsy struggle to control their muscles, often resulting in slow and uncontrollable jerky movements of the hands, feet, arms, or legs. The facial muscles and tongue may also be overactive, leading to drooling and an inability to control facial movements.
Ataxic cerebral palsy occurs when the brain’s cerebellum, which controls coordination and balance, is damaged. Children with this form of the condition experience issues with depth perception, balance, and fine motor skills.
Some children might experience a combination of some or all of the above symptoms. The most common combination is spastic-ataxic cerebral palsy, but it’s possible to suffer from a combination of all types, which causes long-term difficulties.
Cerebral Palsy can result from medical negligence for reasons such as:
There is no cure for Cerebral Palsy; however, rehabilitation and other treatments can help children manage their disabilities. If your child’s cerebral Palsy was caused by negligence, bringing a claim can provide access to the funds needed for private treatment and rehabilitation.
Many cerebral palsy cases are caused by developmental issues before birth. For example, if a child’s brain develops abnormal patterns while in the womb, it’s nobody’s fault as the condition was caused during your pregnancy.However, if your child experiences brain damage during or after birth, you could be eligible for compensation. You’ll need to prove:
If your solicitor successfully outlines the above, you can begin the cerebral palsy claims process.
If you believe you’re eligible to claim compensation, it’s best to seek free legal advice. Calling 0800 234 6438 or using the online form gives you access to a legal advisor who will assess your claim and reveal whether you could receive compensation.
They’ll then connect you with specialist no win no fee cerebral palsy solicitors who represent you throughout the cerebral palsy claims process.
Your solicitor will look at the circumstances surrounding your case to establish what caused your child to develop cerebral palsy. Evidence is vital for birth injury claims, as the entire case depends on providing the healthcare professionals were responsible for any complications.
Once your solicitor has the required information, they’ll calculate a ballpark figure and meet with the negligent party’s insurance company.
The insurance company will want evidence of the injuries and how they impact your child’s life. While medical assessments aren’t always necessary, most insurance providers will ask your child to attend one, as it highlights the extent of their cerebral palsy.
The majority of compensation claims are settled out of court, but your solicitor might advise you to take the case to court if both parties cannot reach an agreement.
Once you and the negligent party settle, your solicitor will take their fees (typically up to 25% of your compensation), and you’ll receive the rest. There are no financial risks associated with no win no fee claims; if your case isn’t successful, you don’t pay a thing.
Cerebral palsy compensation claims can only be successful if your solicitor proves that your child’s injuries resulted from negligence. The following forms of evidence are vital for the claim:
Your compensation amount depends on the degree of negligence and how cerebral palsy will impact your child’s life. As an incurable condition that causes mobility issues, most children require long-term care, but proving negligence means you’ll receive financial support.
All compensation claim calculations have two elements:
While cerebral palsy claim amounts differ, they factor in long-term complications. For example, you’ll claim for your child’s brain injury, but it’s also possible to factor in epilepsy if it results in complications at birth.
Some claims could receive millions, based on the evidence your solicitor collects, but each case is different.
The following amounts are based on previous claims. However, we recommend you speak to your solicitor, as they’ll be able to reveal how much compensation you should receive.
Injury | Average Compensation |
---|---|
Mild brain injuries that result in minimal complications. | £2,690 to £15,580 |
Moderate to severe brain damage, with symptoms that result in minor complications. | £18,700 to £52,550 |
Brain injuries that cause intellectual, personality and concentration deficits. | £52,550 to £276,340 |
Brain damage that results in mental and physical disabilities. | £267,340 to £344,150 |
Severe brain damage that impacts numerous areas of a child’s life and compromises their standard of living. | £344,150 to £493,000 |
Severity | Average Compensation |
---|---|
Mild epilepsy that occurs temporarily | £12,090 to £32,090 |
Epilepsy that impacts areas of your child’s life and requires long-term medication. | £66,920 to £160,360 |
Grand mal epilepsy that causes ongoing complications and disabilities. | £124,470 to £183,190 |
Claiming compensation can provide some much-needed financial support for your child. Many parents have to give up work, and the extra money might pay for specialist treatments, home adaptations and other expenses associated with the injury.
If you’d like to discuss your eligibility for compensation, please seek free legal aid by calling 0800 234 6438 or using the online form. Your advisor will assess your child’s injuries and connect you with a no win no fee legal service.
The Limitation Act 1980 provides that Claimants have three years from the date of the injury to initiate a medical negligence claim. However, in Cerebral Palsy cases, the Claimant is often a child who has three years after turning 18 to make a claim.
Claiming as soon as possible gives you plenty of time to settle the case. Medical negligence is notoriously complex to prove, but the longer your solicitor has, the more evidence they can collect.
Making a no win no fee cerebral palsy claim gives you peace of mind, as you won’t have to worry about upfront fees. While traditional solicitors will usually take on a cerebral palsy negligence case, they have hourly rates, and there’s no guarantee that you’ll win compensation.
With a no win no fee solicitor, you don’t pay anything unless the solicitor wins your case. There are zero financial risks.
The money from cerebral palsy negligence claims can be spent on anything your child needs. For example, some children might experience severe learning difficulties, and specialist schooling could be beneficial.
Occupational therapy, home adaptations and saving money for your child’s future will help them navigate their condition and enhance their quality of life.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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