The purpose of compensation is to put a successful claimant back in the position they would have been in, but for the negligence. In wrongful birth terms, that essentially means that all additional costs associated with bringing up a disabled child (over and above the costs of raising a healthy child) are recoverable. Managing wrongful birth compensation can go some way to improve the quality of life of a child who has any impairment in their health.
If you are successful in your claim, you’ll be awarded compensation by the court in two categories:
Compensation for going through an unwanted pregnancy and/or avoidable labour and any pain and suffering incurred as a consequence. Compensation for any direct financial losses that you/your child have already suffered or might suffer in the future.
You will be compensated for the physical and emotional pain, incapacity and distress arising from an unwanted pregnancy and labour and any possible additional re-sterilisation procedure. This is usually at about £5,000, although it could be more if the pregnancy or labour was unusually complicated or you experienced post-natal depression. You will be entitled to claim for any financial losses, including loss of earnings, resulting from the unwanted pregnancy. You may be entitled to a payment of about £15,000 in recognition of the fact that you have lost the right to limit the size of your family. We will need to know about your individual situation before we can advise what damages you may be able to recover.
Here you will find more information on what compensation can help pay for, and the role of a personal injury trust fund.
What will compensation pay for?
Compensation for wrongful birth can help pay for:
- Aids and equipment in the home to assist with domestic tasks
- Adaptations within the home, such as adapted washing facilities
- Adapted vehicles The costs of additional care and assistance if needed
- The costs of paying someone to assist with DIY and gardening
- Costs of occupational therapy
- Costs of physiotherapy
What is a personal injury trust fund?
A personal injury trust fund is a specific type of trust deed that allows an injured party to place their compensation sum within a trust structure, under the management of at least two trustees. The injured party can be a trustee themselves, along with another person (usually a close family member). The compensation sum will be paid into your trust, rather than your bank account.
The purpose of a personal injury trust is to legitimately protect your compensation funds from being taken into account if you’re claiming, or wish to claim, a means-tested welfare benefit. It means that the sum you receive will not affect any benefit you may be entitled to.