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    If your child has suffered a brain injury as a result of negligence during childbirth, we can help you seek the compensation your child deserves.

    Making a claim for compensation when your child has suffered brain damage at birth may provide your child with the financial and practical support to last for their lifetime. Our team sees a claim both as an opportunity to secure your family’s future and to throw a spotlight on vital patient safety lessons for medical institutions, avoiding further instances of substandard care.

    We see ourselves as a lifelong legal companion for children who have experienced a brain injury, with the ability to deliver legal support even beyond the claim through our dedicated Compensation Protection Unit.

    Whether your baby suffered a brain injury as a result of oxygen starvation, negligent use of medical instruments, an infection, or otherwise, we can help. Find out more about when negligence may cause a brain injury at birth here.

    When might someone have a claim for infant brain damage?

    You may have a claim for your child’s brain injury if:

    • your child experienced medical care during delivery which was substandard and caused their brain injury;
    • a condition you, or your child, already had was not identified or was made worse as a result of substandard care or treatment.

    Find out more about causes of brain damage at birth here.

    You may not be considering a claim directly after the event. When bringing a claim for a child, you have until their 21st birthday to make a claim. Furthermore, if you are claiming on behalf of an adult with mental difficulties there may be no time limit. We always advise, however, to get in touch at the earliest opportunity while memories are fresh.

    Also, in addition to a claim on behalf of your child, a traumatic delivery may leave parents with unwanted psychological scars. For this reason, we often investigate claims for parents for psychological harm. In a claim on behalf of an adult, the general rule is that you have until three years after the incident to make a claim (although there are exceptions to this).

    Find out more about how we determine whether treatment has been negligent and all you need to know about making a claim in our comprehensive medical negligence guide here.

    How much compensation might we receive for brain damage at birth?

    Compensation for a child affected by severe brain injury can run into millions of pounds. In order for us to best assess the compensation that your child needs, we would advise that you contact us to discuss what has happened and the extent of their brain injury.

    Our expert team can calculate the money required to support your child for their whole life, taking into account the likely cost of care; specialist rehabilitation and therapy; the very best equipment and facilities from off road wheelchairs to home sensory rooms; and the cost of accessible accommodation.

    Compensation is not just designed to help your child ‘get by’, it is designed to restore to your child (in so far as possible) the freedom and quality of life that they would have enjoyed had they not suffered from a brain injury.

    For a rough guide as to how compensation is calculated, take a look at our guide here.

    How can you pay for a claim?

    Our claims for children affected by brain injury around the time of their birth are nearly always funded by the Legal Aid Agency. This allows you to pursue a claim on behalf of your child without cost to you.

    If, for any reason, Legal Aid funding is not available then other funding options can be explored, such as a Conditional Fee Agreement, commonly known as ‘no win, no fee’ funding.

    Find out more about how the various options for funding a claim here.

    How long will a claim take to conclude?

    When a child has experienced a brain injury, the claims process can be incredibly complex and cases can take years to settle. For this reason, when possible, we request interim payments before the case is settled to provide your child with the care, therapy and equipment they need at the earliest opportunity.

    Find out more about the timescales of making a claim here.


    Where you can find us

    Our solicitors act for clients across England & Wales, however we have a number of offices in which you can come and see us:

    We also have a consulting office in Bristol, which is available by appointment.

     


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