Compensation for brain injury at birth

Medical negligence claims for children with cerebral palsy and brain injury disability  usually include compensation for the child’s injury as well as the lifelong cost of meeting the additional needs that arise from their disability.

Care costs can be claimed for the cost of care by professional carers. Care costs can also be claimed at a reduced rate for the extra ‘gratuitous care’ that the family provides for the injured child to meet their additional needs arising from their disability.

The child’s compensation, in its entirety, belongs to the child, including any sums received for past expenses and gratuitous care. Depending on the family’s circumstances and wishes and the needs of the child, at the end of the claim we often ask the court for permission to pay a sum from the child’s compensation to their parents to acknowledge the extra gratuitous care that they have provided to the child.  

Read more about help with care in birth injury and neonatal brain injury claims.

Case management costs

A case manager supports the injured child and their family with the coordination, purchase and management of essential services, such as care, therapies or support with special educational needs (SEN), and liaises with others on behalf of the disabled child to ensure that they receive the support they need.

Costs of therapies

Children with brain injury disability, such as cerebral palsy, need a combination of therapies to maintain their health and manage their disability. Whilst, in theory, many therapies are available on the NHS, in practice children, teenagers and adults with cerebral palsy are rarely able to access from the NHS the recommended level of therapy that they need for their health, safety and wellbeing. Recommended therapies for children with birth injury and neonatal brain injury disability, often include:

• physiotherapy or physical therapy;
• occupational therapy (OT);
• speech and language therapy (SALT);
• hydrotherapy;
• counselling;
• neuropsychology;
• educational psychology

Costs of assistive technology and IT

Assistive technology can help children and adults with disability from HIE birth injury, cerebral palsy or other types of neurodevelopmental disability to communicate, control their environment and participate in education/learning and work.

Costs of specialist equipment and vehicles

Specialist vehicles and equipment, such as wheelchairs, beds and other adapted household items can help people with cerebral palsy and brain injury disability regain some mobility and independence with self-care and activities of daily living.

Additional costs of suitable accommodation

Brain injury, birth injury and cerebral palsy claims commonly include the additional costs of renting (temporarily) or buying a suitable home which is then adapted and made accessible for the injured child with sufficient space for carers and specialist equipment. As the child and family would have needed a home in any event, the law does not allow the injured person to claim the full costs of buying a new house for the family. In most cases, if a new house is needed to meet the child’s needs, the claim will provide the additional costs of a more suitable home and the costs of necessary adaptations.

Read more about how the law relating to compensation for additional accommodation needs here.

Read more about how a birth injury claim can help provide suitable accommodation for a child with cerebral palsy. 

Costs of support with special educational needs (SEN)

Children with cerebral palsy and neurodevelopmental disability have a range of special educational needs (SEN), depending on their physical, behavioural or cognitive disability. SEN support can include educational psychology assessments, legal help with EHCPs, one-to-one educational support, special needs school placements or support with living independently whilst studying in further education. 

Loss of earnings and pension

Many children with severe disability from brain injury, such as cerebral palsy will be unable to earn an income from paid employment. Cerebral palsy, birth injury and neonatal brain injury claims usually include a substantial claim for the child’s net loss of earnings throughout their life and loss of pension. Where the child’s life expectancy is shortened owing to their injury, an additional (usually discounted) sum can be claimed for the income they will lose as a result of their ‘lost years’. 

Court of Protection deputyship or personal injury trust fees

A child who will not have mental capacity to manage their own financial matters at the age of 18 must be supported by a Court of Protection deputy as soon as they receive any compensation from their claim. The deputy is responsible for overseeing the management, investment and use of the child’s interim payments and settlement money and makes financial decisions in the child’s best interests on behalf of the injured child.

If a child or teenager with cerebral palsy is expected to have capacity at the age of 18, or if their capacity cannot yet be assessed during the claim, their compensation can be protected via a personal injury trust, and their need for a deputy reassessed, if necessary, when they reach the age of 18.

Boyes Turner’s cerebral palsy solicitors work closely with our Court of Protection team to support the child and their family with setting up the necessary deputyship or personal injury trust arrangements, to ensure that we can start making a difference to the child and family’s life as soon as interim payments are received. The costs associated with managing the injured person’s compensation via deputyship or a personal injury trust are usually included in their birth injury, neonatal brain injury or cerebral palsy claim.