Child brain injury claims
Compensation and lifelong support for children with brain injury.
When an accident or medical negligence causes brain injury disability to a child, the impact on the child’s life, and on their family, is devastating.
Compensation can provide a lifeline to help with care, special education, therapies and adapted accommodation for children with cerebral palsy, severe neurological injury and acquired brain injury. It can also provide the necessary financial security to ensure that the child’s lifelong needs arising from their disability will always be met.
Child brain injury compensation claims require skilled handling by specialist solicitors to ensure that the child receives their full entitlement to compensation. Whether the injury was caused at birth, in early childhood or teens, as a result of a negligent accident or medical mistake, our specialist solicitors have the skills and expertise to secure the best support and highest compensation settlements for our clients.
- Nationally recognised medical negligence specialists with decades of experience
- Access to leading medical experts and rehabilitation professionals
- Proven track record of securing life-changing compensation for families
- Dedicated support from initial enquiry through to settlement
- No upfront costs and claim through a no win no fee agreement
Starting your child’s brain injury compensation claim
For more than 30 years, Boyes Turner’s specialist brain injury solicitors have guided families of children with brain injury through the claims process to secure the compensation and specialist support that they need to manage their child’s disability and rebuild their lives.
You can contact us for free, confidential advice from a personal injury or medical negligence solicitor. We will ask you to tell us briefly about the circumstances of your child’s injury, and advise you about any time limits which may apply and whether we can help you investigate your claim. Your solicitor will discuss with you how your claim will be funded and advise, fully and clearly, how that works and what it will mean for you. We offer a range of funding options, but most of our clients’ claims are handled on a ‘no win no fee’ basis.
We will notify the defendant (and their insurers) or the healthcare provider (usually represented by NHS Resolution) of the claim and invite them to respond, giving them an opportunity to admit liability for your child’s injury. Throughout the claim, we will handle all communication on your child’s behalf.
If liability is admitted, we will obtain a judgment from the court and apply for rehabilitation funding or a substantial interim payment to meet your child’s needs arising from their injury and disability. If liability is denied, we will advise you about the best way to proceed with your claim. This may involve issuing court proceedings or inviting the defendant insurer or NHS Resolution to enter into settlement negotiations or mediation.
No win, no fee
No hidden or upfront costs. Clear, straightforward advice. Nothing to pay unless your claim is successful.
Over 30 years’ experience
We have helped thousands of clients claim compensation.
Fully regulated
Authorised and regulated by the Solicitors Regulation Authority.
Child brain injury claims FAQs
What kind of medical negligence leads to child brain injury compensation claims?
A child may be able to claim compensation for brain injury that was caused by:
- birth injury from mistakes in maternity care, such as:
- hypoxic ischaemic encephalopathy (HIE);
- cerebral palsy;
- traumatic birth injury (forceps, fetal head impaction);
- autism or ADHD;
- neonatal brain injury, such as:
- kernicterus (from jaundice);
- infection (group B strep, meningitis, HSV);
- hypoglycaemia;
- vitamin K deficiency bleeding (VKDB);
- negligent medical care during childhood and teenage years, such as for:
- meningitis;
- sepsis;
- tuberculosis (TB).
What kind of accidents lead to child brain injury compensation claims?
Children and teenagers may be able to claim compensation for brain injury that was caused by:
- a road accident (RTA), in which they were a:
- moped or motorcyclist;
- passenger;
- skateboarders or rollerbladers hit by vehicles.
- accidents at school, at college or during child-care;
- accidents on school trips;
- supervised sports or leisure facility accidents;
- unsafe buildings, paths or public facilities (eg park playgrounds);
- abroad or on holiday;
- caused by defective or unsafe products or equipment;
- caused by unlawful or criminal behaviour.
What compensation can be claimed in a child brain injury claim?
The amount of compensation that can be claimed for a child or teenager who has suffered a brain injury will depend on the severity of their disability and the cost of meeting their needs arising from their brain injury disability throughout their life. Claims for children or teenagers with brain injury disability often include compensation for:
- pain, suffering and disability;
- rehabilitation (often insurer-funded in accident claims);
- case management and costs of care, including extra care provided by parents;
- additional costs of suitable accommodation or home adaptations;
- specialist vehicles, equipment, assistive technology (IT);
- private medical or surgical costs;
- therapies:
- occupational therapy (OT);
- physiotherapy;
- speech and language therapy (SALT);
- hydrotherapy;
- psychological counselling;
- SEN support with special educational needs;
- financial loss, such as future loss of earnings and pension;
- Court of Protection deputyship costs.
Can my child claim injury compensation after an accident caused by a family member or friend?
We understand that it can be very difficult to come to terms with a child’s serious injury which happens whilst the child was in the care of a member of the family or a friend. We approach these cases supportively and with compassion, and we focus on obtaining the child’s entitlement to compensation, working with parents to ensure that the injured child’s needs are met.
When a child is seriously injured, their rehabilitation, recovery and provision for any lifelong needs caused by their injury should take priority over concerns about the discomfort of bringing a claim against the family member or friend. In our experience of these cases, most families recognise that their child’s needs can best be met with the help of rehabilitation and compensation, and the importance of doing what’s right for the child.
We have helped many families obtain the compensation and support that they need for their child in sensitive or challenging claims arising from accidents where the child or teenager was severely injured:
- whilst a passenger in a car or on a bike driven or ridden by a family member:
- in a cycling accident but was not wearing a helmet;
- from being shaken as a baby whilst in someone else’s care;
- whilst car-surfing or risk-taking in or on a friend’s vehicle;
- as a pedestrian hit by a family or friend’s car, e.g. on a driveway at home;
- due to an unsafe path, garden or building at a friend or family member’s home.
Our solicitors are highly experienced in handling emotionally sensitive claims. We explore all possible causes for an accident or injury to find the best way forward for the claim. The defendant’s insurance company usually handles the claim and takes financial responsibility for paying the child’s compensation, even if the child or a member of their family was partly to blame. We act for the child and their best interests, but do so with sensitivity to the overall situation. We remain focussed on getting the child the help that they need from the defendant’s insurers, whilst supporting the family through what can be a very difficult time.
Can a child claim brain injury compensation if they were partly to blame for their accident?
If the main cause of the accident was somebody else’s negligence, in most cases, we can still recover compensation for the child or teenager’s brain injury disability, even if their own actions made them partly to blame. Where our client’s actions or behaviour contributed to the cause of the accident, or increased their injury, their compensation may be ‘discounted’ in proportion to their ‘contributory negligence’.
In brain injury claims, even a discounted sum of compensation can be a lifeline to essential help with meeting the child’s needs for therapies, specialist equipment and care.
Our personal injury team are experts at recovering substantial compensation for severely injured children and teenagers, even where the defendant’s insurers argue that their own actions contributed to the accident or injury. Claims for serious injury arising from accidents which can involve allegations of contributory negligence include:
- cyclists injured whilst not wearing a cycle helmet or protective clothing;
- children crossing the road before the traffic lights changed or the road was clear;
- injuries whilst trespassing;
- car surfing or risk-taking behaviour.
We always recommend that families of a brain-injured child or teenager contact us for advice before making their own decision about whether their child is likely to succeed with a compensation claim.
Who makes decisions in a child’s brain injury claim?
Children and teenagers under the age of 18 cannot legally make their own decisions in a brain injury compensation claim. We ensure that each child’s claim is handled in their best interests, and that important decisions are formally approved or made on their behalf, by their ‘litigation friend’, the court and, where needed, the Court of Protection.
Compensation claims for injured children must be made via a ‘litigation friend’. This is usually, but not always, the child’s parent. The child is our client and, as their solicitors, we act in their best interests. The litigation friend is our point of contact who gives us instructions and takes our advice on behalf of the child. Litigation friends must also act in the child’s best interests but they do not make decisions alone. We always support our clients’ litigation friends with our experienced solicitors’ expert advice. Where our client is an older teenager, we include them in discussions and take their views into account where they want to be involved.
The court must approve any compensation settlements involving a child. Court approval of any agreed settlement usually takes place at a short hearing, during which the legal representatives for both sides are called upon by the court to justify that the child’s proposed settlement is fair, given the full circumstances of the case. We usually recommend that the child’s parents attend the hearing.
A child’s compensation settlement must be paid into court to be invested on their behalf until they are 18. Where the child is unlikely to have mental capacity to manage their own finances when they reach the age of 18, their compensation must be protected by a Court of Protection deputy. This provides reassurance that a young person will not be influenced by others to make unwise decisions about the use of their money which is intended to provide for their future needs. Our deputyship lawyers ensure that our clients’ money is protected and managed as required by law but is accessible to our clients as necessary to meet their needs.
How is child brain injury compensation managed and protected?
We understand that the families of our young, brain-injured clients may worry about how their vulnerable child or young adult will manage a large compensation settlement. Our clients are usually reassured to discover that there are many ways in which we routinely help protect our clients’ interim payments and settlements, to ensure that the money is used in the best way to meet their lifelong needs. Some of these ways include:
- asking the court to approve any settlement for a child or vulnerable client, to ensure that it is in their best interests;
- carefully negotiating settlements to ensure the best provision for the child’s lifelong needs, such as with guaranteed, index linked annual payments (PPO), so that money is always available for essential care;
- appointing a Court of Protection deputy to handle the legal requirements and administration involved in a child’s brain injury compensation fund, and to provide quick access to appropriate funds when needed to pay for the child’s care and other disability-related needs;
- advising on personal injury trusts for clients who are not eligible for Court of Protection deputyship but want the protection of a trust to safeguard their money.
We can also help shield our most vulnerable clients from media reporting or others’ attention when they receive their compensation by securing a court order protecting their anonymity.
When should I make a child brain injury compensation claim?
If you think your child might have suffered a brain injury as a result of an accident or medical mistakes, we recommend that you contact us for free, confidential advice straight away. We can advise you about preserving important evidence to help you protect your child’s entitlement to compensation, about responding to NHS Resolution or MNSI, or about making a claim and seeking an admission of liability or interim payment. The sooner you contact us, the sooner we can begin to help.
We also welcome clients and their families who come to us at a later stage in the child or teenager’s development, when the family find that they need additional support to properly meet the child or teenager’s needs arising from their brain injury disability,
Parents who are considering making a claim for their child often find it helpful to contact us for advice:
- immediately after their child suffers a brain injury in an accident;
- immediately after their child’s traumatic birth, HIE brain injury diagnosis, cooling and neonatal treatment;
- as soon as they are contacted by MNSI, HSSIB or NHS Resolution;
- when their child leaves hospital or is referred for specialist care/rehabilitation;
- when the child misses developmental milestones or has special educational needs (SEN);
- before transition to secondary school, further education or independent living;
- when NHS or social care does not provide enough support and the family needs extra help to cope financially or physically with the needs of the growing child.
We also help teenagers and young adults with cerebral palsy or birth-related neurodevelopmental disability who decide at a later date to find out more about their entitlement to claim compensation.
Many of our client families come to us after being referred by other families, support groups and other solicitors.
Can I get help for my child during a child brain injury compensation claim?
Where our client’s injury was caused by an insured driver, school or public body, our personal injury solicitors can often secure early access to rehabilitation, funded by the defendant’s insurer via The Rehabilitation Code. Early rehabilitation has been proven to increase the injured child’s recovery. Even small improvements from early rehabilitation can make a big difference to their independence, mobility and ability to use assistive technology to communicate, access education and leisure activities. Later on, this gives the young person a better chance of being able to work or live independently with support.
In medical negligence claims and in personal injury claims, as soon as we secure an admission of liability or judgment, we can apply for an interim payment. This is an advance payment of compensation, which can be used to meet the injured child’s immediate needs for therapies, care and educational support, specialist equipment and adapted or more suitable accommodation whilst we continue to work on their claim.
Making a child brain injury claim
We understand how daunting it can feel to take the first step. Our specialist medical negligence solicitors are here to guide you through every stage.
Getting in touch
Call us or complete our online form to receive free, confidential advice from one of our specialist child brain injury solicitors. We will listen carefully to your circumstances, explain your legal options in clear and straightforward terms, and advise whether your child may have a claim and how we can help your family move forward.
Supporting your claim
Our specialist solicitors will gather the evidence needed to support your child’s claim, including medical records, witness statements, accident reports, and expert opinions where required. They will establish how the brain injury occurred, who was responsible, and the impact it has had on your child’s development, education and future. Where appropriate, we can also seek an interim payment to help fund your child’s immediate care and rehabilitation needs.
Securing compensation
Contact us
If you would like advice regarding a serious injury or illness affecting you or a loved one, please complete the form and one of our experts will be in touch as soon as possible.
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Client story
£27 million settlement
for a child whose brain injury and complex neurological disability was caused by delayed treatment of meningitis.
Our child brain injury claims
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FLR v Chandran: Success at trial for 12-year-old girl hit by car on pedestrian crossing
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£5 million lump sum, lifelong annual payments of £232,750pa for care and Treloar’s SEN funding for boy with cerebral palsy
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£16 million settlement for teenager with cerebral palsy from hypoxic brain injury during delayed delivery
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£19 million settlement for girl with dyskinetic cerebral palsy caused by negligent midwifery and obstetric care during labour
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£3 million settlement for young man with physical disability from cerebral palsy caused by hypoxic injury at birth
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£4.6 million plus lifelong payments of up to £360,000pa for child with severe dystonic cerebral palsy birth injury
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£13 million settlement for young woman with neurological disability from maternity mistakes at birth
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£11.5 million settlement for boy with cerebral palsy caused by negligent midwifery care during ‘water birth’
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£650,000 settlement for teenager hit by car whilst rollerblading across poorly lit dual carriageway
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£2 million for head-injured teenager who ran into the road at night and was hit by a taxi
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$23 million compensation for boy with cerebral palsy from kernicterus brain damage
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£21 million settlement for teenager with cerebral palsy from negligently delayed delivery
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£3.1 million lump sum for brain injury suffered at birth
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£3 million compensation after medical negligence causes baby’s brain damage from neonatal meningitis
Our serious injury team
What our clients say
We cannot thank Susan and her team at Boyes Turner enough
What our clients say
We would all highly recommend them
Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.
- We are nationally acclaimed for our claimant medical negligence expertise and the outstanding results we achieve for our clients.
- We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for our specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).
- Our integrated multidisciplinary team offers our clients a full range of specialist help with compensation, rehabilitation, SEN, deputyship, personal injury trusts and community care.
- We secure maximum compensation in claims for adults and children who have suffered catastrophic injury and severe disability, and provide practical support for their families.
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Leading serious injury solicitors for over 30 years
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