Cerebral Palsy Claims
Cerebral Palsy is a condition which can have a devastating effect on muscle control, co-ordination and tone and also on balance, posture and reflexes. It can be caused by damage to the brain before, during or shortly after the birth process due to an interruption to the brain’s supply of oxygen or a bleed within the baby’s brain.
When the condition is caused as a result of medical negligence, claiming compensation is a way of ensuring your child gets access to all of the specialist care, therapy and equipment they need to lead the best possible quality of life.
At Jobling Gowler, we have been supporting people with cerebral palsy and their families for many years. We understand how confusing and stressful the idea of taking legal action can seem, but with our sensitive, clear and practical guidance, we aim to make it simple and hassle-free to get your child the compensation they deserve so all of their needs are met.
We offer a free, no obligation initial consultation so you can explain your requirements and we can talk you through the process of making a claim. Our medical negligence solicitors will be happy to meet you at our offices, in your home or wherever is most convenient for you and your child.
We recognise that the cost of making a claim can be off-putting for many people, but we offer a number of options for funding cerebral palsy claims, including legal aid and no win, no fee agreements. This can allow you to start a claim with no upfront cost to you, so you don’t need to miss out on getting compensation for your child, whatever your circumstances.
Our expert team will be there with you every step of the claims process, making sure you are kept up to date at all times and that all of your questions are answered. With our experience and skilled approach, we can ensure your child gets the maximum available compensation – usually without the need for court proceedings.
We can also advise accessing the best possible support for your child’s condition, including connecting you with appropriate specialists where this would be helpful.
Our aim is to help your child have the best life possible, so the support we offer does not end when we secure compensation for your family. We can also assist you with managing compensation and advise you on matters related to the Court of Protection.
Our birth injury lawyers know the huge impact cerebral palsy can have on a whole family, so alongside our legal expertise, we are here to offer the empathetic personal support you need for every stage of the claims process and beyond.
To find out more about the process of claiming compensation for cerebral palsy or to book a free initial consultation, please get in touch.
Looking for more general information? Take a look at our clinical negligence claims FAQs.
Our expertise with cerebral palsy compensation claims
Our team is highly experienced in dealing with all types of birth injury claims, including cerebral palsy claims. We have a strong track record of achieving substantial compensation for clients under even the most challenging circumstances.
We have achieved the Law Society’s prestigious Clinical Negligence accreditation, reflecting the high level of our expertise and client service in this specialist area. We are also members of Action against Medical Accidents (AvMA).
Want to know more about why our medical negligence solicitors are the right choice for your family? Take a look at our case studies.
How cerebral palsy claims work
What happens at your free initial consultation
We will ask you about your child’s condition and the circumstances you believe led to their birth injury. We can then advise you whether we believe your child’s claim justifies further investigation and how the claims process works.
Our cerebral palsy solicitors will also discuss funding options with you, including if you are eligible for legal aid funding or whether a conditional fee agreement (‘no win, no fee’) may be appropriate.
Proving that your child is entitled to compensation for cerebral palsy
To claim compensation for cerebral palsy, we will need to collect evidence to establish that your child’s condition was caused by medical negligence before, during or shortly after their birth.
We will also need to show the extent of your child’s injuries and the impact this is having on their life and is likely to have on them in future.
This will usually rely on various types of evidence, including medical records, independent medical examinations, statements from witnesses and more depending on the circumstances surrounding your child’s birth injury.
Our cerebral palsy lawyers are highly experienced in building well-supported cases and presenting them effectively. As a result, most of the cerebral palsy claims we pursue are settled out of court, meaning your child gets compensation faster with less stress for everyone involved.
Time limits for cerebral palsy claims
Most cerebral palsy claims are started by the parents or guardians of a child with the condition. In such cases, the time limit for making a claim will depend on whether the person with cerebral palsy is judged to have mental capacity or not.
If a person with cerebral palsy is considered to have mental capacity (i.e. the ability to make decisions about their own affairs), then the parents will have until the child turns 18 to make a claim. The claimant will then be able to bring their own claim up until their 21st birthday.
If the person with cerebral palsy is considered to lack mental capacity, there is no time limit to bring a claim.
It should be noted, however, that there can be exceptions to the standard time limits, depending on the circumstances. For example, we have previously represented a client who was 32 at the point of bringing a claim for cerebral palsy caused by an injury when he was born. We helped to secure him the right to pursue his claim outside of the normal time limit and ultimately achieved a pre-trial settlement of £3million for the claimant.
Managing your child’s compensation
Compensation for cerebral palsy is usually very substantial, often totalling millions of pounds. It therefore needs expert management to ensure your child gets the maximum benefit from their compensation and that their long-term needs will be covered.
Because children with cerebral palsy also commonly have issues with learning difficulties, it is often necessary to arrange a Court of Protection deputyship so important decisions about their finances, health and welfare can continue to be made once they turn 18. We can advise you on applying to become a Court of Protection deputy and acting as a deputy, or we can act as professional Court of Protection deputies where appropriate.
Contact us about a cerebral palsy compensation claim today
If your child has cerebral palsy caused by medical negligence before, during or after birth, then please contact our specialist medical negligence solicitors today.
We will arrange a free no obligation appointment, either at our offices, at your home or in hospital. During this meeting we will advise you on what are the best next steps for you.
We also offer all our clients a free complaint writing service which ensures that your matter is dealt with in an expert and professional manner from the outset.