Make a claim

It is important for parents who are considering making a claim to understand that a medical negligence claim for cerebral palsy will only succeed under English law if two things can be proven:

Negligence – meaning that mistakes were made which amount to medical negligence as defined by the law;

AND

Causation – meaning that the negligent mistakes were the cause or significantly contributed to the severity of the cerebral palsy.

Cerebral palsy and birth-related or neonatal brain injury claims are complex and each client’s experience is unique. It takes experience, alongside specialist knowledge and judgement to identify whether a claim will succeed.

If you believe that your child’s cerebral palsy might have been caused by medical negligence during the pregnancy, during labour or in the neonatal period after birth we would be happy to discuss this with you completely free of charge, confidentially, and on a no-obligation basis.

Whilst some parents of negligently brain-injured children feel driven to seek answers, professional advice and compensation, many are not comfortable with the idea of bringing a medical negligence claim. In the aftermath of a difficult birth and whilst coming to terms with a cerebral palsy diagnosis, it is natural to try to avoid further contact or conflict with the hospital and focus on caring for the child.

For many families, the decision to bring a cerebral palsy claim comes later when, despite their best efforts, they struggle to provide for their child’s disability-related, additional needs. As their child advances in age, the extent to which the child is disadvantaged by their disability becomes more and more apparent. Sometimes it is the parents, sometimes an older sibling, but often it is the teenage or young adult with the disability who decides to find out whether they are entitled to financial help through a medical negligence claim.

The decision to pursue a medical negligence claim usually arises from the realisation that the child, teenager or young adult’s needs are increasing beyond anything that they had anticipated in their infancy.

Additional financial support

The reality is that state provision for the special needs that people with cerebral palsy or brain injury have is insufficient to meet those needs properly. When every aspect of life – home, feeding, bathing, seating, travel, education, therapy, communicating, computing, working, leisure activity – is challenged by a disability that was caused by errors in maternity or neonatal care, a compensation claim can provide a much-needed lifeline.

Access to specialist support and assistance

We know that nothing can take away the permanent injury but compensation to buy specialist care, adapted housing and equipment, educational assistance and vocational support can help redress the balance and offer access to previously unavailable opportunities. With accessibility and support, life becomes more rewarding and enjoyable for those with cerebral palsy. Meanwhile, the financial security of a properly managed settlement or award guarantees the child’s life-long provision, allowing their family some peace of mind.

Guidance and expertise from our team

Our past clients tell us that although they initially found the prospect of bringing a claim daunting, as the case progressed, they felt supported by our guidance and trusted in our expertise. The successful conclusion of their cerebral palsy claim immeasurably improved their ability to care for their child and provided them with the relief that comes from knowing their child’s specialist needs will continue to be met for life. 

Peace of mind for the future

We understand the enormous physical, psychological, emotional and financial impact that cerebral palsy and severe disability has on the individual and their family. We have helped countless families rebuild their lives, alleviate financial hardship and ease their worries for their child’s future. Where their child has a legal right to compensation for the injury, we believe it is in the severely disabled child’s lifelong interests to help them recover the compensation to which they are entitled.

We guide our clients through the claims process in the quickest, most professionally supportive and appropriate way. We are nationally acclaimed for our expertise in investigating claims and recovering damages for those affected by injuries of the utmost severity.

Legal Aid is available to children with cerebral palsy or serious neurological injury caused by medical negligence at birth or neonatally (immediately after birth). Boyes Turner’s clinical negligence team have a clinical negligence contract with the Legal Aid Agency (LAA) which allows us to act for clients in these highly specialist cases with the benefit of Legal Aid.

‘No win no fee’ CFAs or conditional fee agreements are also available to families of children making claims for cerebral palsy and other types of serious neurological disability caused by negligence around the time of birth.  

Legal Aid or No Win No Fee for my child’s cerebral palsy claim? 

Legal Aid is one way to fund cerebral palsy and neonatal, serious neurological injury claims. Legally Aided clients retain their full compensation if they win their case, but their legal costs are also covered if their Legally Aided claim does not succeed. 

Cases funded by conditional fee agreements (no win, no fee) usually involve payment of an insurance premium and an additional ‘success fee’ by the client if the claim succeeds. However, at Boyes Turner, our cerebral palsy solicitors do not charge success fees in no win no fee CFA-funded claims for children with lifelong disability from cerebral palsy birth injury or neonatal brain injury.  

We provide full and clear advice to each family about the best funding options for their child’s claim.

You can read more information about funding severe birth injury and neonatal brain injury claims here.

To find out more about making a cerebral palsy claim with Boyes Turner, please contact our team by email at cerebralpalsy@boyesturner.com.