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How Much Compensation For Cerebral Palsy Claims?
Use our guide to learn all about cerebral palsy claims and how we can help you seek compensation on behalf of your child today.
£85 million in compensation
How Much Compensation For Cerebral Palsy Claims?
Use our guide to learn all about cerebral palsy claims and how we can help you seek compensation on behalf of your child today.
Cerebral Palsy Compensation Claims Guide
The Council for Disabled Children found that roughly 1 in 400 children are affected by cerebral palsy in the UK, making it the most common physical impairment in children.
Here at JF Law, we understand that caring for children with cerebral palsy can be challenging, especially if your child requires round-the-clock care. We have created this comprehensive cerebral palsy claims guide to answer who is eligible to make these claims.
We then explore how compensation can be awarded in birth injury medical negligence claims, how long you have to start a claim, and how these claims arise through the negligent actions or inactions of medical professionals.
Read on to learn how our No Win No Fee solicitors could help you today.
Contact Us
To learn more about cerebral palsy claims, or if you have any questions at this stage you can contact us by:
- Calling us on 0151 375 9916
- Filling out our online contact us form
Can I Make A Cerebral Palsy Compensation Claim?
You can make cerebral palsy claims on behalf of your child if we can prove that medical negligence has occurred. We can do this by proving that the following three elements are present in your child’s case:
- A medical professional owed you and your child a duty of care
- They breached the duty owed to you by providing negligent care
- This caused your child’s cerebral palsy
All medical professionals who treat you owe you and your baby a duty of care. Their duty is to provide care that meets the standard expected of them in their role.
In birth injury claims, this can include:
- Regularly monitoring the pregnancy
- Implement adequate hygiene measures to prevent the development of infections during childbirth.
- Requesting appropriate tests to check the position of the baby
- Requesting further tests when necessary
If you’re unsure whether your child has developed cerebral palsy following medical negligence, contact us today. Our advisors can assess the validity of your child’s claim at no cost and discuss the next steps to take.
How Much Compensation Is Awarded In Cerebral Palsy Claims?
The amount of compensation your child could be awarded in cerebral palsy claims is dependent on:
- The severity of the harm suffered
- The type of injury, for example, brain damage
- Your child’s projected recovery time, or how the condition will affect them in their future life
- Any loss of amenity – so impact to your child’s quality of life or ability to engage in activities.
Cerebral palsy is a permanent condition which will continue to impact those who have it. This will be taken into consideration when compensation is being calculated.
We have provided a table below of guideline amounts of compensation that could be awarded for successful cerebral palsy claims. The figures we have provided are taken from the Judicial College Guidelines, a document that categorises injuries and provides compensation amounts to help solicitors value your claim.
Please note that the first figure was not taken from the JCG, but all following figures were. These amounts are suggestive only.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Severe Injuries + Special Damages | A range of different serious injuries as well as special damages such as loss of earning potential or medical treatment costs. | Up to £25,000,000+ |
| Very Severe Brain Injury | The following factors will impact the amount awarded: – life expectancy – sensory impairment – ability to communicate with or without assistive technology | £344,150 to £493,000 |
| Moderately Severe Brain Injury | The individual will be severely disabled, and their ability to communicate with others will be considered. | £267,340 to £344,150 |
| Moderate (i) Brain Injury | Cases which fall into this bracket will show moderate to severe intellectual deficit, as well as an impact to senses such as sight and speech. | £183,190 to £267,340 |
| Moderate (ii) Brain Injury | Some risk of epilepsy, the individual’s ability to work has been greatly reduced and there is moderate to modest intellectual deficit. | £110,720 to £183,190 |
| Moderate (iii) Brain Injury | Concentration and memory have been affected, an effect on the senses as well as fatigue. | £52,550 to £110,720 |
| Epilepsy Established Grand Mal | The amount awarded will be impacted by the success of any medication, the existence of behavioural problems and the effect on working or social life. | £124,470 to £183,190 |
| Epilepsy Established Petit Mal | The amount of compensation will be impacted by the same factors as above. | £66,920 to £160,360 |
| Other Epileptic Conditions | One or two occasions where a fit has happened, or a temporary resurgence of epilepsy but no risk of recurrent epileptic fits. | £12,990 to £32,090 |
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What Factors Will Affect The Amount Of Compensation Awarded?
In cerebral palsy claims, a number of factors are considered when your child’s compensation is being calculated, especially due to the permanent nature of cerebral palsy.
As part of your child’s compensation, you could claim special damages. This is a head of compensation which aims to reimburse you for the monetary losses or costs.
What Can Special Damages Be Used For?
Special damages in a cerebral palsy claim can be awarded for your child’s out-of-pocket losses, as well as expenses you (or another family member) experience as a result of caring for them. We take a look at a few below.
Care Costs
As we have explored, living with cerebral palsy can be challenging, and in some cases, your child might require care from specialists. Lifetime care costs can be expensive, so when your compensation is being calculated, your solicitor will assess these costs and ensure they are reflected in your child’s compensation.
Medical Expenses
Cerebral palsy is, as we have mentioned, a permanent, life-altering condition for both you, as the parent and your child. Your child may require medical support, such as physiotherapy, to help improve their mobility and movement. Speech and language therapists can also be used to encourage your child’s communication and speech development.
Both of these examples of medical expenses can be very costly, and their costs will be considered and factored into your compensation.
Cost Of Treatments
Your child might undergo a number of different procedures, such as surgeries to correct limb deformity, or even lengthen your child’s muscles.
Treatments for cerebral palsy can be expensive, especially if your child also requires a number of different prescription medications each month. The cost of any medical treatments will be assessed and added to your child’s overall compensation amount.
Cost Of Aid And Adaptations
Having a child with cerebral palsy can come with a range of difficulties, such as modifications or adaptations to the home environment. This might include installing a wheelchair ramp at the front of your house, widening doorways or even installing a more accessible shower. You might also need to invest in vehicle adaptations that better suit your child’s needs.
Travel Expenses
You might have paid a lot in travel expenses, for example, if you have had to get taxis to and from the hospital to attend appointments for your child. This will also be taken into consideration when your child’s compensation is calculated.
What Can I Claim For As The Parent?
As the parent, you could claim for loss of earnings or earning potential, if you have had to give up work to act as your child’s carer.
To learn more about how compensation could help you and your child, contact us today and one of our advisors will be happy to discuss this with you.
Is There A Cerebral Palsy Compensation Claims Time Limit?
Yes, there is a time limit to make cerebral palsy claims. Under the Limitation Act 1980, your child has 3 years from the date of their 18th birthday to make a claim. Therefore, they have until their 21st birthday to start their claim.
Alternatively, you can act as a litigation friend to make a claim on behalf of your child if they are under 18. We understand that it can be unrealistic to wait until 18 to make a claim for cerebral palsy. If you are interested in claiming on behalf of your child, please contact us today to see how we can assist you and further discuss cerebral palsy claims.
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on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Is Cerebral Palsy?
Cerebral palsy is a lifelong condition that impacts the development, movement, and coordination of a child. This usually develops before, during or shortly after birth.
Some of the most common symptoms of cerebral palsy can begin to show in the early stages of childhood. They can include:
- Weak arms or legs
- Delays in reaching developmental milestones, such as not walking by 18 months
- Walking on tiptoes
- Vision problems
- Issues with swallowing
There are four different types of cerebral palsy, which we explore below:
Spastic Cerebral Palsy
This is the most common form of cerebral palsy, affecting the muscles and resulting in impaired movement. It can cause jerky movements and continuous muscle tenseness, therefore making it difficult for children to move and control their movements.
Dyskinetic Cerebral Palsy
Dyskinetic cerebral palsy is also associated with abnormal muscle movements; children with this type of cerebral palsy will have difficulty controlling their movements, resulting in irregular, jerky, and abrupt movements.
Ataxic Cerebral Palsy
This type of cerebral palsy affects balance and coordination. It can cause shaky movements and difficulty with fine motor movements.
Mixed Cerebral Palsy
Mixed cerebral palsy occurs when a child shows symptoms of multiple different types of cerebral palsy. This can occur when a combination of symptoms is displayed, such as muscle tension and abrupt movements (a mixture of spastic and dyskinetic).
How Can Negligence Result In The Development Of Cerebral Palsy?
We will now explore a few different examples of how negligence can result in the development of cerebral palsy:
- Improper use of instruments such as forceps or a vacuum extractor can cause head trauma to the baby if used too forcefully.
- A doctor or midwife fails to use sterilised equipment, which causes an infection that then leads to cerebral palsy.
- If a medical professional fails to properly diagnose jaundice, head trauma, hypoglycemia or an infection, this can lead to the development of cerebral palsy.
- A midwife or doctor fails to schedule a caesarean section promptly, and this causes a lack of oxygen to the brain, leading to brain damage.
The Affect On Cerebral Palsy On A Child
Cerebral palsy can have life-long impacts, both on your child and on your family. It can cause strains and be difficult to manage in some cases. However, the NHS guidance finds that:
- A large number of children with cerebral palsy can go on to lead happy, fulfilling lives
- The condition which initially caused cerebral palsy does not worsen throughout life
However, this said, it can be very difficult for children with cerebral palsy to live an unaffected life.
What we mean here is that cerebral palsy can often cause physical and mental impacts, for example, difficulty walking or controlling limb movement can lead to irritation and anger for the child. It has also been found that children who suffer from cerebral palsy are more likely to develop anxiety and depression later in life.
Cerebral palsy is a permanent condition, which will continue to impact those with the condition for the remainder of their life, but our team works closely with medical professionals who can offer assistance and care to try and help you find a recovery plan which suits your child’s needs.
Contact us today to discuss how cerebral palsy has impacted your child, and we can discuss the next steps in starting cerebral palsy claims.
How Can I Make A Cerebral Palsy Claim?
Another vital step in making cerebral palsy claims is the evidence stage.
You must have evidence which supports the claim and helps to demonstrate how medical negligence led to your child developing cerebral palsy.
Your evidence in these types of claims can be:
- Medical records – particularly those pertaining to the birth itself – will contain brain scans from birth, a medical history of the birth, and a record of the postnatal care provided.
- GP records to demonstrate what prescriptions your child is on.
- Contact details of anyone who would be happy to provide a witness statement at a later stage
- A personal diary of experiences
- Correspondence from any medical professionals.
As part of the services offered by our solicitors, we could help you compile this supporting evidence to strengthen your child’s cerebral palsy claim. Contact us today to discuss what might be useful as evidence for cerebral palsy claims.
No Win No Fee Cerebral Palsy Compensation Claims
Here at JF Law, you could make a No Win No Fee claim with our expert solicitors. Our team has decades of experience in birth injury claims, and we understand that starting a compensation claim can feel overwhelming. Rest assured, our team are committed to providing a personalised service with support at each stage of the claim made on behalf of your child.
Some of the benefits of instructing one of our specialist solicitors include:
- Frequent and regular updates about the progress of your claim
- Working with you and your child to develop a rehabilitation and recovery plan to suit your child’s needs
- Helping you to apply to act as a litigation friend
- Ensuring that the claim is started within the time limit
- Explaining the legal language and claim specifics in a clear and concise way
Our solicitors also work on a type of contract called a Conditional Fee Agreement, this can also be beneficial to you because it means:
- You have no upfront fees to pay for the solicitor’s work on the cerebral palsy claim
- You don’t have to pay for our legal services if your child’s claim is unsuccessful
- If this claim succeeds, a small fee will be deducted from the compensation (called a success fee)
- This percentage is protected under the Conditional Fee Agreements Order 2013 to ensure that you receive the majority of your compensation
Contact JF Law’s Birth Injury Solicitors
To be connected with one of our specialist birth injury solicitors, you can contact us by:
- Calling us on 0151 375 9916
- Filling out our online contact us form
Cerebral Palsy Frequently Asked Questions
Below are the most commonly asked questions about cerebral palsy claims:
The Symptoms Of Cerebral Palsy
Some common symptoms of cerebral palsy include:
- Weak arms or legs
- Seeming too stiff or too floppy
- Shaking hands or tremors
- Problems with speech or communication
- A learning disability
- Hearing loss
- Issues with vision
- Difficulty controlling the bladder
How Common Is Cerebral Palsy?
The Council for Disabled Children reported that 1 in 400 children develops cerebral palsy, making it a common childhood condition.
Does Cerebral Palsy Impact Everyone The Same Way?
No, cerebral palsy comes in different forms, and there are differing levels of severity. Some children may have slight muscular issues, while others may have more complex mobility and movement problems.
Cerebral palsy impacts everyone in a different way, which is why it’s important to have a support network which can be personalised and tailored to each individual.
Does Cerebral Palsy Cause Developmental Delays?
Yes, due to the nature of cerebral palsy, children with the condition can often have difficulties with fine motor skills, speech and communication difficulties leading to developmental delays.
The NHS found that about half of all children with cerebral palsy also have a learning disability.
Is Anyone More At Risk Of Developing Cerebral Palsy?
Yes, there are a few risk factors associated with the development of cerebral palsy. These include:
- A premature birth
- Infections during pregnancy
- If the baby is at a low birth weight
- Multiple births, so twins or triplets
- If a baby has experienced brain damage due to a lack of oxygen
- Any injuries to an unborn baby’s head
Learn More
We hope that our guide was helpful today, but why not read our other guides about:
- How to claim for epilepsy misdiagnosis
- Claim for GP negligence
- How to make a medication error claim
Helpful External Resources
- How to claim Statutory Sick Pay from GOV.UK
- Complain about the NHS and how to do so
- Good medical practice from the General Medical Council
Thank you for reading our cerebral palsy claims guide today. Please call us if you have any furhter questions or would like to get the claims process started.
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