Child Brain Injury Compensation

If your child has suffered a brain injury because of someone else’s actions or negligence, we could help you secure millions of pounds on a No Win, No Fee basis.

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We all hope and take for granted that our children will grow up to live long and healthy lives, but if your child has suffered a brain injury, it is something that no family can plan for and it can drastically change your child’s life forever. While some children are able to recover fully from head injuries, sadly some injuries can result in serious brain damage.

Knowing that something could have been done to prevent your child’s brain injury can be an extremely challenging time – you might be feeling a whole spectrum of emotions from shock, anger, sadness and frustration. That’s why our Personal Injury team are here to navigate the legal system on your behalf, getting you the compensation and justice you deserve, while allowing you to focus on rebuilding your child’s life and assisting their recovery in the best way possible.

Our brains are complex organs so brain injuries affect children in different ways, but some of the main impacts can be:

  • Impaired movement, such as paralysis, weakness or problems with coordination;
  • Speech or sensory difficulties, as their brain may find it harder to process information, including issues with communicating, hearing, smell, taste or vision;
  • Learning difficulties at school – through both physical and cognitive challenges such as attention, self-awareness and emotional regulation;
  • Headaches;
  • Incontinence – following a brain injury, your child may become incontinent even if they had been previously toilet trained;
  • Seizures/epilepsy;
  • Psychological symptoms which can include nightmares, flashbacks, anxiety and low mood.
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If someone else was responsible for your child’s brain injury, whether this was through their direct actions or a failure to keep an environment safe, we could help you make a claim for compensation on a No Win, No Fee basis.

Compensation could help your child cope with physical challenges and help you and your family support them in the best way you can. You may have had to take time off work because of your child’s additional care needs, or may have had to stop work completely, so compensation can help you recover lost earnings if you have to care for your child.

Compensation can also help your child get the extra support they need in school, at home and for the rest of their life, while helping you and your family access your own support to help rebuild your life and have some financial security. In addition, your child may need specialist care, occupational therapy, speech and language therapy, and many other types of support. The list goes on, but we have the experience and knowledge to help you identify these and we are here to help you access services which could be paid for as part of your compensation.

How Can A Child Brain or Head Injury Happen?

Our Personal Injury lawyers have experience helping hundreds of families through the life-changing impact of their child’s brain injury. We can help you claim compensation if your child has sustained a head or brain injury as a result of:

Road users, businesses, councils and medical professionals all have a duty of care to keep others safe, but if they failed in this duty, they can be held legally responsible and you could be entitled to a significant amount of compensation.  

To see if you could make a claim for compensation, get in touch with our friendly team for Free Case Assessment, we’ll listen to your situation and tell you everything you need to know.

How Could Compensation for my Child’s Brain Injury Help?

Our compassionate and expert team of Personal Injury lawyers have a track record in helping families whose lives have been overturned after their child has sustained a brain injury. While we know that compensation cannot take away what has happened to your child, it can help you access financial support and open up many doors for you and your family that you may have not known were possible such as:

  • A programme of specialist therapy and support – both mental and physical – for your child and your family. You could access private care over and above what the NHS could provide;
  • Specialist healthcare for your child, both now and in the future. We’ll ask an independent medical expert to assess your child’s exact needs and any problems that could arise for them;
  • Help with your child’s education such as an Education, Health and Care Plan (EHCP) which can put specific provisions in place for your child at school – We have some of the UK’s leading Education Lawyers who can help you through this from start to finish;

  • Aids and adaptations to your home and for your child personally, to aid their mobility or communication, or to help them engage in hobbies;
  • Compensation for any loss of income (or future losses) you have incurred through the extra care your child might need – for example, you might have to change career or go part-time to support your child.

We know this can be an extremely difficult time and the thought of claiming compensation can feel like a further hurdle, but our Personal Injury lawyers are here to make things as straightforward as possible so you can access the help and support you need.

Why Choose Simpson Millar?

  • Close links with charities

    We are trusted legal partners to charities such as the Child Brain Injury Trust, so we can signpost you to some fantastic resources and networks, which can help if your child has suffered from a brain injury.

  • Leading experts

    We have lawyers who are accredited by the Association of Personal Injury Lawyers (APIL) and many of our solicitors are independently recognised for the excellent work they have done in their field.

  • We’ll keep you in the loop

    Communication is key so we will always be at the end of the phone or an email to answer your questions, and we can visit you at home or in hospital if needed.

  • We open up the law

    Brain injuries are hugely complex, and we know the law around claiming compensation can be complicated too. That’s why we speak in Plain English and make sure you always know where you stand.

How Does the Child Brain Injury Claims Process Work?

Here is what you can expect from the process once you make a claim with our Personal Injury team at Simpson Millar.

    1

    We’ll contact the other party

    We’ll ask the other side to accept liability for the accident that caused your child’s brain or head injury. If they do, we can ask them to make early interim payments of your compensation if your child needs medical care or you need financial support urgently.

    2

    We’ll gather evidence

    Our team will gather the evidence we need to help support your case. This might include CCTV or  dashcam footage, photos, eyewitnesses or medical reports. You can help us by keeping as much evidence as you can on your side, but don’t worry about having everything to hand when you get in touch.

    3

    Your child will receive a medical assessment

    We will send an independent medical expert to come and meet your child. They will create a report, detailing the impact their brain or head injury is having on their life, any rehabilitation needs they have, as well as any care and support they might need in the future.

    4

    We’ll work out the compensation amount

    Based on your medical assessment and evidence we have collected, we will work out how much compensation you should get for immediate and future requirements.

    5

    We’ll settle your claim

    We’ll negotiate the compensation settlement that you deserve. Most Personal Injury claims are settled without the need to go to Court, but if this does happen, our lawyers will be able to support and represent you throughout to get the best outcome for you.

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FAQs about Claiming Compensation for your Child’s Brain Injury

Our Personal Injury lawyers handle many claims on No Win, No Fee basis. This means you don’t have to worry about paying us any fees upfront and you don’t pay us anything unless we win your case and it is capped at an agreed percentage of your damages. For more information, get in touch today for a Free Case Assessment and our friendly team will talk you through this.

If you’re claiming compensation on behalf of your child, you can make a claim at any point until they turn 18. Once they turn 18, they’ll have until their 21st birthday to start a claim themselves.

If your child is over 18 but they have a severe brain injury which impacts their ability to make decisions for themselves, it’s possible for you to make a claim on their behalf. Our Court of Protection team can help you assess how you can make decisions in their best interests.

A Personal Injury Trust is a legal arrangement that allows money and other assets to be kept safe and used independently of any individual ownership.

For cases involving children, a High Court judge will need to approve the establishment of a

personal injury trust which will manage your child’s funds until they turn 18.

The assets in the Trust are not the property of the person who benefits from them (your child), so they will not count towards any means-tested benefits, but our Personal Injury team can talk you through everything.

Our team will help you through setting up a Personal Injury Trust when receiving compensation to help manage your finances and anything your child may be entitled to in the future.

You may be entitled to compensation if your child’s brain injury is the result of one of the following:

  • A road traffic accident – your child might have been injured in an accident involving another driver, motorcyclist. They may have also been a pedestrian themselves, a cyclist or have been riding an e-scooter. If we can prove that someone else was fully or partially responsible, you may be able to claim compensation against the other party.
  • An accident in a public place – your child may have sustained a head or brain injury due to faulty equipment in a park, an indoor play centre or even a theme park. Child brain injuries can also sadly happen as a result of falling objects in shops or restaurants, so it’s possible to make a claim against a business if they did not take measures to make the environment safe enough.
  • Medical negligence – sadly child brain injuries can occur or be made worse as a result of medical negligence. This is when a medical professional makes an error or fails to carry out a procedure correctly. You could make a claim for compensation against the NHS or a private healthcare company if an error was made during surgery, for example, or a brain tumour was missed on an x-ray, causing brain damage.
  • A sports injury – head injuries like concussion can be very common in sports like football sometimes nothing could have been done to prevent it. However, if your child was left unsupervised as part of a sports club or the sporting venue/gameplay was not made safe enough, we could help you make a claim against the organisation responsible.

The person or company who pays for your compensation will depend on who was responsible for your child’s accident/injury. For example:

  • The council or business in charge of a venue or public space may be held responsible, and would pay your compensation.
  • If a Road Traffic Accident caused your child’s head/brain injury, this will usually be covered by the other road user’s motor insurance. If the responsible road user was uninsured or we cannot trace them, you may be able to claim compensation from the Motor Insurers’ Bureau (MIB).
  • The NHS and most private healthcare insurance companies have a budget aside for medical negligence claims, which would pay for your compensation.

As Personal Injury experts we have a track record of making successful claims for people so we would never take on your case if we did not think there was a chance of you being able to achieve compensation, even if your child was somewhat responsible for your injury.

We will do everything in our power to collect evidence and negotiate the best possible settlement for you. However, if the other party deny responsibility, we may have to issue court proceedings. This does not happen with the majority of Personal Injury cases, but if it does, our experts will support you throughout and represent you throughout.

If you think your child was somewhat responsible for their injury – for example, they trespassed on property or broke health and safety rules, it’s still worth you getting in touch to see if you have a claim. You may have to accept a smaller amount of compensation, but if we can prove someone else was at least partly at fault, you may be able to make a claim.

Get in touch today for a no-obligation Free Case Assessment, where you can let us know how your child sustained their injury and we’ll let you know if you have a claim.

To see if you’d be eligible to make a claim for compensation, get in touch with our specialist team today or request a callback.

Whilst your Personal Injury solicitor is settling your compensation claim, we can help you access interim payments of compensation if the other party accept responsibility. These payments can cover urgent costs such as:

  • Loss of earnings;
  • Aids and adaptations to help your child with their mobility or speech;
  • Private medical treatment, rehabilitation, physiotherapy and care your child may need.

Get in touch, today!

Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 3227

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