Cerebral Palsy Claims

The exact time limit for bringing a cerebral palsy claim will depend on the circumstances, but in general, if you are bringing a claim for your child, you will have until they turn 18 to do so.

If you have cerebral palsy and your parents did not make a compensation claim on your behalf before you turned 18, you will normally have until your 21st birthday to bring a claim yourself.

If a person with cerebral palsy does not have the mental capacity to bring a claim themselves, there will usually be no time limit for someone else to bring a claim for them.

Knowing how the time limits for medical negligence claims apply to a specific case can be complicated, so it is a good idea to speak to a lawyer specialising in cerebral palsy claims before making a decision.

The value of a cerebral palsy claim will normally depend on how severely the person affected is disabled, the impact of the condition on your their health and how this affects them in their daily life.

If you, your child or a loved one has been severely affected by cerebral palsy, there is likely to be a necessity for life-long care and support and financial assistance to provide therapies, aids and equipment, appropriate transport and adapted accommodation.

There are two main types of cerebral palsy compensation you may be able to claim:

Special damages – For specific financial losses up to the date of settlement e.g. paying for treatment, care costs and buying special equipment.

General damages – For non-financial losses, e.g. compensation for pain and suffering, as well as likely future financial losses and expenses, e.g. the cost of care, therapies, aids and equipment, adapted accommodation and loss of potential future earnings, if your child will be unable to work.

In many cases compensation will not be paid until the end of the case, when a settlement has been reached or damages have been awarded by the Court. Cerebral palsy claims often take some time to conclude, so wherever possible, we actively seek to secure an interim payment of damages from the Defendant, on account of the compensation which will be paid at the end of the case. This is usually only possible after the Defendant has admitted responsibility for causing the cerebral palsy.

Interim payments enable funds to be available, at an earlier time, to provide the care and support which the injured person requires, as well as the purchase of appropriate aids and equipment, transport and accommodation.

If your child or loved one is severely disabled as a result of cerebral palsy, we will arrange for the appointment of a Brain Injury Case Manager, who will liaise with you and us to identify exactly what is needed and then coordinate everything for you.

While legal aid is no longer available for most types of medical negligence claims, it can be an option for some cerebral palsy claims, depending on the circumstances.

To qualify for legal aid funding, the following conditions must apply:

A child has suffered a neurological injury as a result of clinical negligence, leaving them severely disabled (either physically or mentally)

• The negligence occurred either:
• While the child was in the womb
• During the child’s birth
• Within a set period after the child’s birth, this being:
• For children born before the beginning of the 37th week of pregnancy – 8 weeks from what would have been the beginning of the 37th week
• For children born during or after the 37th week of pregnancy – 8 weeks from the day of the child’s birth

If you want to find out whether you may be eligible for a Legal Aid-funded cerebral palsy claim, please speak to a member of our team.