When a child suffers a brain injury as a result of an accident, it shatters the lives of the whole family. We understand the long and difficult journey that families can face when a child is recovering from a brain injury following an accident.
Child brain injury claims
Making a claim on behalf of a child with a brain injury can be a daunting process for families. We aim to provide information that can support you and your family on this journey and get the best results following an accident to ensure your child’s future.
Frequently asked questions
Why should I make a claim?
A child may suffer long lasting and permanent effects after a brain injury, which could impact on their ability to lead an independent life, through no fault of their own. By making a claim for their injuries caused by an accident, plus any past or future financial losses and expenses, you will be ensuring that they are financially secure in the future and have the right support, care and treatment to maximise their recovery and independence.
At Boyes Turner, we strive not only to achieve the right amount of compensation to provide financial security for a child and their family but to ensure that every brain injured child and their family has access to rehabilitation to enhance their level of recovery at the earliest opportunity.
Who should I instruct to deal with my child’s brain injury claim?
We recommend that you instruct a firm of solicitors who have expertise and a proven track record of acting for children who suffer a brain injury. Check if the firm has accreditation with the Law Society and Association of Personal Injury Lawyers and/or is an approved solicitor for Headway.
How is a child brain injury claim funded?
In personal injury claims Legal Aid is not available for children’s claims. You may have existing legal expenses insurance under a Household and Contents insurance policy and we can help you to check the policy. Otherwise, we can offer a Conditional Fee Agreement (no win, no fee).
Your child will recover their full compensation.
In clinical negligence claims involving cerebral palsy and other acquired brain injuries, Boyes Turner has a Legal Aid Franchise to fund cases that meet the Legal Aid criteria.
What is the process for making a claim?
Once instructed we send a letter of claim to the third party’s insurer (the party responsible for the injury) who then has a period of time to investigate the claim. There are 3 main aspects to prove in a personal injury claim:
Liability (fault or negligence)
If your child has suffered a brain injury as a consequence of someone else’s actions or negligence, then you will be entitled to bring a claim against the other party (referred to as the defendant). Many of our cases involve children injured in road traffic accidents either as passengers in a vehicle or pedestrians and cyclists hit by cars. We also act for children who have suffered a birth injury as a result of hospital negligence or who suffer an injury in a public place. Sometimes a defendant might argue that a child was partly to blame (for example by running out into the road) and this is known as contributory negligence.
Causation (that the brain injury was caused by someone’s negligence)
Once a defendant admits fault or responsibility for an accident, the next stage is to gather medical evidence which proves that the brain injury has been caused by the negligence of the defendant.
We work alongside the very best medico legal experts to prove the nature and extent of the individual child’s brain injury, and how this has and will continue to impact on a child in their future. To ascertain this we may instruct a number of experts including neurologists, educational psychologist, neuro-psychiatrists, physiotherapists, speech and language therapists and occupational therapists. The type of experts that we instruct will depend on the type of symptoms a child suffers from as a result of their brain injury and this varies for each child.
Quantum (the value of the claim)
Once expert evidence has been obtained and we understand the nature and extent of the child’s brain injury, we will then start to gather evidence that allows us to value the claim. The value of the claim depends on the individual needs of the child, both now and in their future. A brain injured child may require a care and case management expert to ensure the appropriate care package is provided or they may have difficulties with communication or mobility and require an occupational therapist and specialist equipment. If a child cannot communicate they may need assistive technology and communication aids.
What is rehabilitation?
Rehabilitation is the process by which an injured person makes the best and quickest possible medical, social and psychological recovery.
Sadly not every child will make a full recovery after a brain injury, but we believe that every child should have an opportunity to reach their maximum potential recovery, with the right access to rehabilitation. We aim to ensure that a child and their family have access to the ongoing treatment, care and support they need by securing early funding as part of brain injury claim.
Who organises rehabilitation?
At an early stage in brain injury claim, we will appoint a child brain injury case manager; this is usually a healthcare professional such as a nurse, occupational therapist or physiotherapist. The role of the case manager is to support a child and their family in accessing care and rehabilitation to help the child grow up confidently and live a fulfilled life.
What is case management?
Case management is the holistic rehabilitation support that an individual child may need following a brain injury. It is a collaborative process which involves understanding the needs of the child and family, planning and implementing rehabilitation with a multi-disciplinary team of healthcare professionals, and providing the child and family with access to any services and support that they need to meet their individual health, social care, educational and employment needs.
A case manager may appoint and work with a number of different healthcare professionals to support the child and their family with their rehabilitation goals.
It is extremely important that the child and their family are always at the heart of every decision made regarding the child’s rehabilitation, care and support.
What happens if my child has additional education needs as a result of their brain injury?
If your child has learning disabilities as a result of their brain injury then our dedicated Special Educational Needs team can help your child to secure the extra help and support they need, in the school they choose.
What happens when my child’s brain injury claim is settled?
Once a settlement has been agreed the Court must approve the financial settlement and how it is to be managed.
As a child does not have capacity to handle their financial affairs either because they are under 18 or as a result of their brain injury (after the age of 18), a professional Deputy is usually appointed to help the family manage the child’s financial affairs. The settlement is paid into the Court of Protection and the professional Deputy works with the family and/or case manager to ensure that the funds are spent appropriately (in the best interests of the child).
At Boyes Turner we have a Court of Protection team who advise families on how to manage their financial affairs once a settlement has been agreed.
What should I do next?
We know that for many families, the thought of a bringing a claim may seem daunting. However it is vitally important to secure the future of your child.
We aim to make the process as straightforward as possible from the first meeting to negotiating an out of court settlement, or going to court if required. Each step is always explained, along with why it’s needed and how the family will be involved.
Every brain injury claim is supported by independent medical experts to give you the best prospects of success and we have a range of claim funding options which we can discuss with you so that you don’t have to worry about funding your claim. Get in touch with a member of our experienced personal injury claims team to discuss making a claim by emailing them at email@example.com.