Child Brain Injury

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Child Brain Injury

A brain injury at birth or during childhood can have a very serious impact on your child’s development and their ability to live a full, independent life in the future.  

If your child has suffered a brain injury due to medical negligence or an accident, claiming compensation is often essential to ensure they get the help and support they need.

To start a child brain injury compensation claim, call us today on 0333 123 9099. Alternatively, you can email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.

Child brain injury compensation can be used for everything from paying for private medical treatment and therapeutic support, to buying specialist equipment and funding life-long care for your child where required. Because of the serious nature of these types of injuries, the damages can be very substantial, potentially running into millions of pounds.

However, due to the high value of child brain injury claims and the high standard of proof required for success, the claims process can be complicated and contentious. It is therefore critical to have the support of a specialist legal team with experience in these types of claims.

IBB Claims clinical negligence lawyers and personal injury lawyers have decades of experience with all types of child brain injury claims. We can provide the expert legal advice and guidance you need, delivered with empathy and sensitivity, ensuring your case is built effectively from day one and that the claims process is made as easy as possible on you.

We are accredited by the Law Society for Personal Injury Law reflecting our expertise in this area. IBB Claims’ partner Malcolm Underhill has particular expertise with all types of brain injuries, being accredited as a Brain Injury Specialist by the Association of Personal Injury Lawyers (APIL). Malcolm Underhill and Simon Pimlott have undertaken a period of academic study on brain injury rehabilitation, with Headway, the brain injury charity, in partnership with Northampton University. Headway recognise that IBB are specialist solicitors with experience in handling brain injury cases.

Malcolm Underhill also trains other lawyers to maximise compensation.

Our team has also been recognised by Chambers & Partners and the Legal 500, the two leading client guides to the legal profession, for our exceptional skill in handling clinical negligence claims.

We offer a free initial consultation for all head and brain injury claims so we can get a clear understanding of your situation and give an honest assessment of whether we think you have a claim worth pursuing.

Where we believe your claim justifies further investigation, we are usually able to offer a no-win no-fee agreement. This means there is no upfront cost to start a child brain injury claim with IBB.  

To start a child brain injury compensation claim, call us today on 0333 123 9099. Alternatively, you can email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.

 

  • Commitment
  • Quality
  • Integrity
  • No WinNo Fee
  • FREE inital consultation
  • Help with rehabilitation

Our expertise in child brain injury claims

Our medical negligence lawyers and personal injury lawyers regularly support clients across England, with a wide range of childhood brain injury claims.

We are able to secure substantial compensation for our clients in relation to issues such as:

  • Birth asphyxia
  • Head trauma at birth due to inappropriate use of forceps, ventouse and other birth assistance techniques
  • Negligent treatment of childhood meningitis
  • Cerebral palsy
  • Childhood brain injuries as a result of trips, slips and falls, road traffic accidents and other acquired brain injuries

How we handle child brain injury compensation claims

In the vast majority of cases, we are able to secure compensation for childhood brain injuries without the need for you to go to court.

Thanks to our strong skills in alternative dispute resolution, we can often agree an out-of-court settlement, either before court action is begun or as a pre-trial settlement once proceedings have been initiated.

This approach is generally to your advantage, as it means we can secure compensation faster, as well as saving you and your family the stress and uncertainty of a court hearing.

In those rare cases where court action is needed, we have the experience and expertise you need to secure the best available result. We have strong links with a number of specialist barristers and other professional experts, ensuring we can call on all of the relevant knowledge and skills when required.

Our no win no fee child brain injury claims service

We represent many of our clients on a ‘no win, no fee’ basis, more properly known as a ‘conditional fee agreement’.

With this type of funding deal, you do not need to pay any legal fees or expenses at the outset and will only need to contribute towards these costs if your claim is successful. If the claim is unsuccessful, there is no cost to you.

We want our fees to be completely transparent, so will provide a full breakdown of the likely costs at the beginning of the claims process. This includes how our fees will be calculated, which is normally based on a percentage of any damages secured.

Who can claim compensation for a childhood brain injury?

In most cases, it will normally be a child’s parents or guardians who claim compensation for a brain injury at birth or during childhood.

However, if you suffered a brain injury before you turned 18 and now wish to claim compensation, you may be able to do so depending on the circumstances.

In order to claim compensation, you will need to show that someone else was responsible for the brain injury, either through negligence (such as clinical negligence or careless driving) or through deliberate action.

How much compensation can you claim for a childhood brain injury?

This will depend on the circumstances, including:

  • How serious the brain injury to the child is
  • The impact this has had on your child and is likely to have on the rest of their life
  • Any specific costs you have incurred or expect to incur in the future, due to your child’s brain injury
  • What degree of responsibility the person or organisation responsible for the injury, is willing to admit or is found to be responsible, by a court

There are two types of compensation you can normally claim for a childhood brain injury:

Financial losses – these are financial losses and expenses incurred up to the date the settlement is agreed (or the matter is decided by a court), as well as future financial losses and expenses. Such losses and expenses typically include cost of care, cost of medical treatment, alternative accommodation costs and loss of earnings, if the brain injury will impact upon the child’s ability to earn an income in their adult life.

General damages – this is compensation to reflect the pain, suffering and loss of amenity (impact on lifestyle) as a result of the brain injury.

We will advise you on the potential value of the claim at the time of our first meeting. As we gather evidence to support your claim we will update our advice on the likely level of compensation that may be recovered.

Time limits for child brain injury claims

You will usually have until your child turns 18 to make a claim on their behalf for a brain injury. Once your child turns 18, they will then have 3 years to bring their own claim (if this has not already been done), giving a final deadline of the 21st birthday.

If your child is judged to lack the mental capacity to bring a claim on their own behalf, however, there is normally no time limit for you to pursue compensation for them. Therefore, the claim could be made after their 21st birthday. However, it is important to obtain expert advice from a solicitor, as delay may prove a barrier to making a successful claim.

If you think your child may lack mental capacity, you will need to get a doctor to confirm this. We can guide you through this process, as it is likely to involve applying to a court, to ensure that your chance interests are properly protected.  

Get in touch with our expert child brain injury claims solicitors today

To arrange your free consultation on starting a child brain injury claim, please call us on 0333 123 9099, email us at enquiries@ibbclaims.co.uk or use the contact form on the right to request a call back.

  • Malcolm Underhill
      • 01895 207972
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  • Simon Pimlott
      • 01895 207236
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  • Aideen McGarry
      • 01895 207230
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  • Jo Stacy
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  • Jacqueline Almond
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  • Charlene Bristow
      • 01895 207906
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  • Justin Govier
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  • Caroline Dunne
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Meet the team