Our expertise with kernicterus brain injury claims
Our medical negligence lawyers and personal injury lawyers regularly support clients all over England and Wales with all types of brain injury claims.
We are able to secure substantial compensation for clients dealing with health issues related to kernicterus, including:
- Cerebral palsy
- Deafness
- Blindness
- Speech and language difficulties
- Learning difficulties
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).
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.
Legal 500 judges IBB as having a “good” clinical negligence department and “puts the client’s interests at the forefront of every decision.” Simon Pimlott has “a real eye for detail and works incredibly hard to get the best result for each client.”
Chambers describes Malcolm as being a highly experienced personal injury practitioner with a strong focus on cases that involve brain injury. A client notes: "He is a very personable, sympathetic professional that has helped us as a family….."
How we handle kernicterus brain injury compensation claims
We appreciate that many people are put off by the idea of dealing with long, expensive and potentially stressful court proceedings as part of the claims process. However, in the majority of cases this is unnecessary as we can usually resolve most kernicterus claims out of court.
Our lawyers have strong skills in negotiation and alternative dispute resolution, meaning we can generally handle even the most complex and contentious claims without the need for court proceedings. Even where court proceedings have been initiated, we can still usually achieve a fair outcome with a pre-trial settlement, allowing you to avoid a court hearing.
As a result, we can normally secure compensation faster and at lower cost to you, while sidestepping the stress and uncertainty often associated with court action.
However, we also have very strong experience with pursuing medical negligence claims through the courts, so whatever approach is needed, we can provide the expertise and skilled representation you need to get the best available result.
Our no win no fee kernicterus brain injury claims service
We work with most of our medical negligence clients under conditional fee agreements, often commonly referred to as ‘no win, no fee’ deals. This means that there is usually no upfront cost to start a claim and you will only need to contribute to our fees if we secure compensation for you.
Our team will provide a transparent breakdown of the likely fees and other expenses involved in making a kernicterus brain injury claim at the outset, so you have a clear picture of the potential costs before deciding to go ahead with your claim. This will how we calculate our fees, which is generally based on a percentage of any damages we recover for you.
To find out more about the costs of a kernicterus brain injury claim, please get in touch.
How much compensation can you claim for a kernicterus brain injury?
The exact value of a kernicterus negligence claim will depend on the circumstances, including:
- How serious the brain damage your child experienced is
- The impact this has had on your child’s health and wellbeing
- Any specific costs arising from dealing with the impact of the brain injury
There are two types of damages you can normally claim for a kernicterus brain injury:
Special damages – For specific costs incurred up to the date of settlement. This can includes costs such as paying for private medical treatment, buying special equipment and lost income.
General damages – For non-financial losses, such as pain, suffering and lifestyle changes, as well as expected future financial losses, e.g. paying on-going care support.
We can provide an accurate estimate of your claims value informed by our experience and the advice of independent medical experts at the outset. This should give you a clear indication of how much compensation you may be able to achieve before you make a decision about how to proceed with your claim.
Time limits for kernicterus brain injury claims
If your child suffered a kernicterus brain injury, the exact time limit for making a claim will generally depend on whether they are judged to have ‘mental capacity’ or not. This means whether or not they have the ability to make decisions about their claim for themselves.
If your child’s brain injury was relatively mild and they are considered to have mental capacity, you will usually have until they turn 18 to make a claim on their behalf. Once they turn 18, they will then have 3 years to pursue a claim of their own if required, with a final deadline of their 21st birthday.
If your child’s brain injury was more serious and they are not judged to have mental capacity, then there will normally be no time limit for you to make a claim on their behalf.
Get in touch with our expert kernicterus brain injury claims solicitors today
To arrange your free consultation on starting a kernicterus brain injury claim, please call us on 0333 323 1640, email us at enquiries@ibbclaims.co.uk or request a call back.
