If you or a loved one has been diagnosed with cerebral palsy due to mistakes made during pregnancy or childbirth, you might be owed compensation.
Cerebral palsy claims can help secure funding for ongoing care, treatment and support, as well as hold those at fault to account. At Injury Lawyers 4u, we’ll handle your case with care and respect, offering our services under our no-win, no-fee guarantee. That means you won’t pay us legal fees unless your cerebral palsy compensation is secured. Get in touch today to get started.
What is cerebral palsy?
Cerebral palsy is a neurological condition that is caused by brain damage before, during or shortly after birth. It affects muscle control, coordination and movement, ranging from mild motor difficulties to severe physical and cognitive disabilities.
While there is no cure for the condition, early intervention of practices like speech therapy, physiotherapy and occupational therapy can help – especially alongside ongoing specialist care. However, these therapies and treatments come with a cost, which can be mitigated or even eliminated by the compensation won after a medical negligence claim.
Can I make a cerebral palsy claim?
As with all birth injury claims, a cerebral palsy compensation case can be made if the condition is linked to medical malpractice around the birthing process. This might be the fault of a medical professional who failed to provide an appropriate standard of care, resulting in preventable harm.
Examples include:
- Failure to monitor or act on the signs of fetal distress during labour.
- Delaying an emergency c-section.
- Misusing forceps or vacuum extraction during delivery.
- Failure to diagnose or treat maternal infections that could affect the baby.
- Depriving the baby of oxygen during or shortly after the birth.
All medical professionals have a duty of care to you while you are under their supervision, so once they breach this duty, you might have cause for a claim.
How to make a cerebral palsy compensation claim
This is our step-by-step guide to making a cerebral palsy claim with Injury Lawyers 4u:
- Contact Injury Lawyers 4u — As experts in clinical negligence claims, we offer a free consultation where we’ll assess whether negligence occurred in your case.
- Gather evidence — The more evidence you can collect, the better; including medical records, witness statements and any future needs the condition demands.
- Letter of Claim — To kick off your claim, we will notify the medical professionals at fault and set out our argument for negligence and its link to cerebral palsy.
- Await response — The defendant will then have four months to respond to the letter of claim.
- Negotiations — Depending on the evidence we present, the case will either be settled or it may go to court, where the law will decide on the verdict.
Our no-win, no-fee solicitors will do all the above without requiring upfront payment. In fact, you won’t pay us at all unless your case is a success.
Time limits for making a cerebral palsy claim
In most medical negligence claims, you have three years to begin legal proceedings. However, different rules apply to cerebral palsy cases, especially if the person affected is a child:
- As a parent, you can claim on behalf of your child anytime before their 18th birthday.
- Once your child turns 18, they will have three years to claim themselves.
- If your affected loved one lacks the mental capacity to make a claim, there is no time limit.
Cerebral palsy claims are complex, which means collecting evidence and making a claim early on is essential to making a good case. Contact our experts at Injury Lawyers 4u to begin.
How much compensation could I receive?
The amount of compensation awarded for cerebral palsy cases varies from claim to claim, depending on the severity of the condition, as well as the level of care and support required.
Personal injury compensation is divided between general damages, covering the pain and suffering of the injury or condition itself, and special damages, covering the financial implications of the injury or condition.
Special damages for cerebral palsy cases usually covers any ongoing or future medical treatment and therapy, specialist education, mobility aids or home modifications. It also covers any loss of earnings you might suffer while looking after a loved one with the condition.
For a good idea of the general damages of a cerebral palsy settlement, use our helpful compensation calculator.
The NHS Early Notification Scheme and what it means for your claim
Created by the NHS, the Early Notification Scheme (ENS) investigates brain injuries at birth. It helps to establish the exact causes and whether or not anyone is liable after an accident.
While the ENS can establish blame and even offer compensation after an incident that caused cerebral palsy (or another brain injury related to birth), it doesn’t always make payments with future care or financial suffering in mind. That’s where a professional solicitor can help — like our experts at Injury Lawyers 4u.
How long does a cerebral palsy claim take?
Cerebral palsy claims can be complex and might take years to settle, especially if a child has continuing long-term care needs. In some cases, it’s possible to request interim payments. These are early compensation payments that help to cover immediate costs like care or equipment, before the final settlement is reached.
Why choose Injury Lawyers 4u for your cerebral palsy claim?
We recognise how sensitive cerebral palsy claims can be. We’ll handle all evidence, correspondence and negotiations with respect and tact, always pushing for a better settlement for you. And with our no-win, no fee approach, you can pursue a case without fear of mounting legal costs.
Start your cerebral palsy compensation claim today
If you or someone you love is suffering from cerebral palsy, our solicitors at Injury Lawyers 4u can help. It’s our job to discuss your claim, find evidence and to fight for your settlement. Contact us today for a free consultation.