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:
- The treating medical professional owed you a duty of care, and that they breached that duty of care (thus providing substandard care) and;
- 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 0203 817 9430 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 advice and help you to decide the best course of action for your circumstances. Alternatively, fill out our online enquiry form and someone will get in touch with you as soon as possible.