What Happens to Compensation Awarded to a Child with Cerebral Palsy?

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Kelly Withers

Senior Associate Solicitor

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Cerebral Palsy compensation for a child can cover the cost of any specialist support, treatment and equipment they may need, such as a suitable place to live, a case manager, caring costs and physiotherapy.

Based on the child’s additional needs, it can cost a lot of money for care and other support. This can include live-in or residential care, rehabilitation, physiotherapy and more. For many families and parents of children with Cerebral Palsy, this can be a really big cost, and one that can seem really difficult to afford and plan for, especially if there are other children in the family who need to be cared for, too.

There are ways you can cover these costs, and one of these ways is claiming compensation. Based on the circumstances of your claim, you could be able to claim compensation to cover the costs of support, treatment and equipment for your child or children with Cerebral Palsy, helping take the financial burden and weight off your shoulders.

But Cerebral Palsy claims can be worth several million pounds, so it’s vital that any payments are managed and invested wisely and in their best interests by a professional Deputy.

Of course, the care you provide to your child is out of love and devotion, but even so, you’re also entitled to be compensated if you’re coping with the consequences of a serious medical error. These payments can be made from interim payments and final damages, subject to the Court and/or Deputy’s permission.

The costs of the Deputy and associated Court of Protection fees can be included in your medical negligence compensation claim, so you don’t need to worry about if you can afford it.

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How is Compensation Awarded?

Your child will be awarded compensation if it can be proved that a healthcare provider breached their duty of care as a medical professional, and that this breach caused or made a material contribution to their brain injury.

Compensation can come in the form of a lump sum payment, inflation linked annual periodical payments or a combination of the two.

A formal written apology may also be provided from the medical professionals and/or hospital responsible, which can be a great comfort to many families, as their pain and suffering will have been properly acknowledged.

If the case involves a child or an adult who lacks mental capacity, the amount of compensation awarded will need to be approved by the Court, even if the parties agree a figure between themselves without a Court hearing. This acts as an extra layer of protection for the benefit of the claimant and makes sure their funds are spent responsibly and in their best interests.

Claiming compensation to help you cover the costs of caring for your child or children with Cerebral Palsy may seem daunting. It can seem a stressful process for parents who are desperate to make sure their child gets the right level of care and support, and if you’re struggling financially, this might make things even more pressurised. But, with the right legal team and know-how behind you, this doesn’t have to be a stressful process.

In fact, these things are set up to make sure that people can claim compensation, meaning the process isn’t super complex or long. All you need to know is what evidence to provide and what forms you may need to sign, and the deadlines to submit this by, and you’ll be good to go.

How is Compensation Calculated?

Appropriate compensation is vital in making sure that your child’s complex needs are met and that they have a better quality of life than they would otherwise have had.

But it’s often difficult to predict how Cerebral Palsy will affect someone’s life expectancy and other outcomes in their early years. So these questions have to be carefully considered by a number of independent experts.

Generally speaking, it’s not advisable to finalise the compensation award until the claimant is aged 7 at the earliest.

Before this, it may be possible to secure interim payments, which can cover expenses such as:

  • Suitable living accommodation
  • Carers
  • A case manager
  • Aids and equipment
  • Treatments such as speech and language therapy, physiotherapy, occupational therapy and hydrotherapy

Early funds can also be made available for a suitable vehicle with ramp and hoisting facilities, the extra costs of holidays and assistive technology such as Eye Gaze communication, music therapy and sensory equipment.

There are many different types of additional support and care people with Cerebral Palsy need. As with any condition, Cerebral Palsy affects everyone differently. With some people, it may cause them to need speech therapy, whereas with other people, the needs may be more complex, meaning their homes have to be sufficiently kitted out with the right ramps and accessible technology and equipment to make sure they can navigate their home.

Why Choose Simpson Millar?

Our Medical Negligence Solicitors have vast experience acting for children with Cerebral Palsy and unlike many law firms, we have a franchise with the Legal Aid Agency, which enables us to act with public funding (eligibility is based on the child’s financial means only).

Alternatively, we can act under a No Win, No Fee agreement (also known as a Conditional Fee Agreement). We have Lawyers who are specially accredited by the Law Society and/or AvMA clinical negligence panels and we have access to the very best barristers and experts.

We also have a team of specialist Court of Protection Solicitors, who can advise on important issues such as arranging Deputyships. Just get in touch with us for a free claims assessment and we’ll be happy to discuss how we can help you.

We understand that these issues of medical negligence and Cerebral Palsy can be difficult to deal with, and they require a lot of sensitivity to work through, both from a legal standpoint and from a mental health standpoint. That’s why we want to take as much of the stress and burden off your shoulders, so you can focus on your mental wellbeing and looking after your child or children.

If you get in touch with our Medical Negligence Solicitors and Lawyers at Simpson Millar, we can help you build a case to claim compensation, so we can help you cover the costs of the support and care your child with Cerebral Palsy needs.


Cerebral Palsy Guide. (n.d.). Cerebral Palsy. Cerebral Palsy Guide. https://www.cerebralpalsyguide.com/cerebral-palsy/

NHS. (n.d.). Cerebral palsy. NHS. https://www.nhs.uk/conditions/cerebral-palsy/

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Kelly Withers

Senior Associate Solicitor

Areas of Expertise:
Medical Negligence

As an Associate Solicitor within our Medical Negligence team, Kelly represents clients who have suffered as a result of negligence by a medical professional.

With her experience of Medical Negligence law, Kelly understands that these types of claims can be difficult to deal with. She likes to make sure that her clients feel that they can reach out any time to discuss their claim, ask questions and receive straightforward responses.

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