Child brain injury compensation claims solicitors

How can a child brain injury claim be funded?

No win, no fee (conditional fee agreement)

In cases on behalf of a child, a conditional fee agreement is contract between the litigation friend (acting on the child’s behalf) and us which states that we will not charge any costs unless and until the case for compensation is won. If the child’s claim is successful, our costs will be paid by the defendant. We will also deduct 25% of the compensation as a success fee.

Although we would not charge for our fees if the case is lost, there is still a liability for the disbursements (expenses) in the case and, in certain circumstances, the defendant’s costs. We therefore recommend that an insurance policy is taken out to cover disbursements in the event that the case is lost and to cover payment of the opponents costs in the event that you are responsible of them. Only part of the insurance premium is payable by the defendant if the case is won and the remainder of the premium would be deducted from the compensation at the successful conclusion of the claim.

Legal aid

Legal aid is money provided by the government for those who could not otherwise afford to bring a claim. Legal aid is available to children who have sustained a neurological injury that has resulted in a severe disability which arose during the period of pregnancy, during the birth itself or in the eight week post natal period – so essentially birth injury cases and babies injured up to eight weeks old. We will make the application to the Legal Aid Agency on your behalf.

Insurance

Your home contents insurance, or other insurance policy, may cover legal costs for the child’s case. We will make enquiries with your insurer to establish whether they will cover our costs.

What has to be proven in order to be successful in claiming compensation for a child brain injury and how is compensation calculated?

The majority of clinical negligence cases are complicated and lengthy. In addition to obtaining an account from the litigation friend as to how the child was injured, in every case, medical evidence needs to be obtained in order to establish that:

1. The treating medical professional owed you a duty of care, and that they breached that duty of care (thus providing substandard care) and;
2. That as a result of that breach of duty, you suffered an injury.

If both these elements can be proved, further medical evidence is then required in order to assess the child’s condition and prognosis for the future. In some cases, it may be necessary to wait until the child reaches a certain age before their long term prognosis can be assessed. This evidence will provide detail on the child’s needs and the treatment that they will require as a result of the negligence.

Compensation is split into two categories. The first is for the child’s pain, suffering and loss of amenity and the second is for any out of pocket expenses which have been incurred by (or on behalf of) the child or which may be incurred in the future as a result of the negligence. The second category could include a claim for past and future treatment and equipment costs, past and future care and assistance and, if the injury will prevent the child from working, then a future loss of earnings claim may be included. These are just some examples of what losses may be claimed, our team of clinical negligence solicitors have extensive knowledge and experience in recovering compensation for victims of brain injuries caused by negligence and will advise you of any other losses which should be included in the child’s claim.

How long is the claim likely to take to conclude?

These types of claims are very complex and lengthy and it is necessary to ensure all aspects of the claim are fully investigated, often with the involvement of more than one medical expert. However, we will do everything we can to progress the claim as quickly as possible and keep we will keep you regularly updated on the progress.

We understand that during the lifetime of the claim, there may be a legitimate need for funds. At Stephensons, we actively seek to secure payments upfront for our clients wherever possible. This is generally when the defendant has admitted responsibility for the injury caused. These funds can provide important and much needed assistance to help the injured child. Any payments obtained are then simply taken into account when any final award of compensation is later agreed and paid. 

Stephensons is one of the largest firms of its kind in the UK and we have completed many successful brain injury claims for children up and down the country.

Call us today on 01616 966 229 if you believe that your child or a child you know has grounds for a brain injury claim. An expert legal advisor can offer free initial no obligation guidance on your options. Alternatively, fill out our online enquiry form and someone will get in touch with you as soon as possible.