Child Brain Injury Lawyer – How Do I Claim Compensation

By Cat Reeves. Last Updated 5th May 2023. There are many types of problems that may arise from a child brain injury. A child may experience only minor symptoms, such as headaches and nausea, but these can still be significant. However, a more severe injury to the head can have extremely serious consequences. It could impact a child’s future life. If your child suffered a brain injury due to someone else’s negligence, you could seek out the services of a specialist child brain injury lawyer.

Child brain injury lawyer

Child brain injury lawyer guide

Our guide aims to offer advice on what you could do to help when making a claim. We explain when you may be able to seek compensation, and the amount you could receive.

Many people worry about the upfront cost of hiring a solicitor to represent them. One option available is to work with a solicitor who works on a No Win No Fee basis. This is where UK Law can help you. Our panel of solicitors provide a No Win No Fee service for every claim they take on.

The guide explains the benefits of working with a No Win No Fee solicitor, and how the process of making a claim is. To find out if an advisor can connect you with a child brain injury lawyer from our panel, please get in touch today.

Get In Touch With Our Team

If your child suffered a severe injury to the brain due to someone esle’s negligence and you need advice on how to go about seeking compensation, please reach out to one of our friendly advisors on 020 3870 4868.

Alternatively, you can fill out our online claims form and an advisor will get back to you.

Services And Information

Everything You Need To Know About Claims With A Child Brain Injury Lawyer

When a child suffers an injury to the head, you could worry that the harm done could be more serious than first thought. An injury to the head can lead to brain damage.

If the damage is caused by medical negligence, or due to someone else’s negligence, you could have valid grounds to make a compensation claim on the child’s behalf. With the assistance of a child brain injury lawyer, you could be awarded a substantial amount of compensation.

We have produced this guide to help you understand how this type of injury could be compensated after, for instance, a road traffic accident, an accident in a public place, or medical negligence. You will find information on the symptoms to watch out for when a child suffers a blow to the head.

In addition, we provide guidance on when you could be entitled to seek compensation. Moreover, there is information regarding the time limit and how a child brain injury lawyer would ensure this is respected.

We have also included a table showing possible compensation payouts. You will find information on the sort of damages and losses you could include in a successful child brain injury claim.

Time Limit for Child Brain Injury Claims

There is a time limit for adults that must be respected, which is generally set at three years from the date of the injury.

However, when a minor suffers an injury due to someone else’s negligence, the time limit starts from the date of their 18th birthday. Therefore, once a child reaches 18 years of age, they have until their 21st birthday to seek brain injury compensation.

That said, if you wish to claim on behalf of the child before their 18th birthday, you could do so as a litigation friend. In that instance, you could claim on their behalf up until their 18th birthday.

With brain injury cases, sometimes the claimant won’t have the mental capacity to claim even after they turn 18. For adults who lack the mental capacity to claim, the time limit is frozen and a litigation friend can claim on their behalf. However, if they recover mental capacity, they’d have 3 years to claim from the date of recovery.

Speak to our advisors today to find out whether you can seek compensation and if a specialist child brain injury lawyer could offer you No Win No Fee terms.

What Is A Head Or Brain Injury In A Child?

Children are always on the move and may not have full awareness of the dangers around them. For this reason, children can be prone to suffering some kind of injury to the head.

A child head injury could involve damage to the scalp, skull or brain.

Skull Fractures

A fracture to the skull may be ‘uncomplicated’. As such, the injury could heal without the need for surgical intervention. However, if the injury involves a depressed skull fracture, surgery may be required to lift the bone that has been pushed inwards so it does not press against a child’s brain.

Scalp Injuries

When the scalp is damaged, surgery can be required to clean the injury and repair the damaged bone and skin.

Brain Injuries

Trauma to the head can lead to the following injuries:

  • Cerebral lacerations where bleeding could occur around the tear
  • Cerebral contusions (bruising to the brain). Contusions could also result in swelling to a child’s brain with symptoms that include irritability, sickness, and sleepiness.

Brain injuries can also be a consequence of damage to the brain during pregnancy or during birth. Injuries can, for example, be caused by complications involving the reduction of oxygen to the brain during childbirth. If medical negligence causes this, you could claim on behalf of your child.

Bleeding (haemorrhage) After an Injury to a Child’s Head

A subdural haematoma could occur when the injury happens. However, the bleeding may start several hours later. It is caused when a blood vessel in the brain gets damaged. It leads to a blood clot that adds pressure to the brain, damaging it.

When it comes to acute subdural haematomas, surgery is required as a matter of urgency.

Though we can’t offer medical advice, and you should only ever seek it from a healthcare professional, we can offer you free legal advice. Call us now to find out how we can be of assistance in securing compensation for you.

Symptoms Of Head And Brain Injuries

Injuries to a child’s head can be a concern. Bleeding in the brain should be treated as a matter of emergency. That said, not all injuries to a child’s head could result in internal bleeding.

The symptoms to watch out for if your child suffers a injury to the head are as follows:

  • Headache
  • Mild confusion
  • Lightheadedness
  • Ringing in the ears which is temporary
  • Nausea

Symptoms associated with a severe head injury are much the same as those linked to a minor head injury but can include:

  • Loss of consciousness
  • Vomiting
  • Seizures
  • Problems with coordination and balance
  • Severe disorientation
  • Inability to focus
  • Abnormal eye movements
  • Loss of muscle control
  • Persistent headache
  • Mood swings
  • Memory loss
  • Clear fluid leaks from the nose or ears

You should always seek medical advice from medical professionals. Though we can’t help you with healthcare-related queries, we can assist with free legal advice.

If you would like to find out whether our panel can assist you in obtaining compensation for your injuries or your child’s, call us now.

What Could Cause A Child Brain Injury?

Different scenarios can cause child head injuries. For example, the injury could be the result of a blow or trauma to the head. It may occur after the child is born or during pregnancy or birthing.

Child head injuries can be due to:

  • Road traffic accidents
  • Physical assaults
  • Falls
  • Sports accidents
  • Accidents in public places
  • Medical negligence

In many instances, a child’s skull protects their brain from being seriously harmed. However, injuries to the spine may also result in causing damage to a child’s head.

Forms of head injury

There are many forms and consequences of head injuries that a child could sustain which include:

  • Traumatic brain injury
  • Hydrocephalus
  • Hypocarbia
  • Hypoglycaemia
  • Septicaemia
  • Meningitis

Under the Occupiers’ Liability Act 1957, those in control of places that are accessible to the public should ensure they’re safe. Therefore, if your child was injured because a controller of a public place (such as a supermarket or park) breached their duty of care, you could claim on their behalf.

What’s more, medical professionals such as doctors owe their patients a duty to provide a certain standard of care. As a consequence, if your child’s brain injury was caused by medical negligence, you could claim on their behalf.

If you’re wondering how to connect with a child brain injury lawyer, why not contact our advisors for free legal advice?

Types Of Child Head Injuries

There are many different kinds of child head injuries. These include injuries to the:

  • Scalp
  • Skull
  • Brain

Injuries could involve the brain’s protective membranes or could cause cerebral palsy or other brain injuries.

Cerebral Palsy And Other Birth Injuries

A baby may develop cerebral palsy if their brain does not develop normally when they are in their mother’s womb. It can also happen when a baby’s brain is damaged during birth or soon afterwards.

The causes include the following:

  • Bleeding in the brain, or there is reduced blood and oxygen supply to the baby’s brain
  • A mother’s infection during their pregnancy
  • Insufficient oxygen (asphyxiation) due to birthing difficulties
  • Severe injury to a baby’s head
  • Meningitis

However, the exact cause of cerebral palsy can sometimes remain unclear.

Head Injury Compensation Payouts In The UK

Head injury compensation payouts in the UK are awarded on a case-by-case basis, with consideration given to a number of factors unique to each case. Following a successful personal injury claim for your child’s injury, the compensation settlement will include general damages. This compensates for the pain and suffering your child has experienced due to their injury. When solicitors value general damages, they often use the Judicial College Guidelines (JCG) to help.

The JCG contains a list of compensation guidelines for different injuries and illnesses. In the table below, you will find some of the amounts listed in the 16th edition of the JCG regarding head and brain injuries. Please note that these figures are not guaranteed if you make a successful brain injury claim, and the amount you could receive may differ.

Edit
Injury type Potential compensation payout Further notes
Mental anguish £4,670 The fear of death is experienced and the expectation of the end of the claimant’s life is a real issue.
Head injury – very severe £282,010 to £403,990 The claimant suffers extremely severe injury to the head. The extent of the claimant’s physical limitations as well as their life expectancy and prognosis would determine the level of compensation they are awarded. The maximum amount awarded would typically depend on the severity of the injury to the brain and the prognosis for the claimant’s future life.
Head injury – moderately severe £219,070 to £282,010 Claimant suffers specific injuries to the head that affect their mental capability. This could include the loss of motor function as well as a change in personality.
Brain damage – moderate £90,720 to £150,110 The claimant’s intellect is mildly to moderately impacted by the injury to the brain. There is some risk of the claimant suffering epilepsy and their ability to work may be negatively impacted.
Less severe brain damage £15,320 to £43,060 Claimant suffers injury to the head but does not experience damage to the brain. No long-term effects on future life are expected.
Head injury – minor £2,210 to £12,770 Claimant suffers minimal damage to the brain. However, the amount awarded will vary depending on several factors which include issues like ongoing headaches and other symptoms as well as the recovery time and severity of the initial injury to the head.

Special Damages

You have the right to seek compensation for your losses and injuries or your child’s. As such, you could claim any expenses you or your child incurred because of the injury as well as the pain and suffering they had to endure. Special damages compensate for financial losses caused by injuries. This could include:

  • Loss of earnings for the unpaid time you spent away from work caring for your child
  • Prescription/medication costs
  • Care costs

For more information, and to get a better idea of the sort of compensation payout that could be received, reach out to one of our friendly advisors today. They could connect you with a child brain injury lawyer.

Recovering From A Child Brain Injury

The outlook following a child brain injury can depend on the severity of the damage sustained. A minor injury to a child’s head may not result in any long-lasting consequences. However, a more serious injury could negatively impact a child’s future life.

Severe head injuries sustained in childhood can be concerning. This is because development can be hindered. The team treating a child should assess the damage and, if seen as appropriate, set up follow-up treatments and therapies to aid recovery as much as possible.

Rehabilitation

When a child sustains a serious brain injury, they are likely to need rehabilitation. The end goal is to help regain as much brain function as possible. The type of rehabilitation can depend on what functionality a child lost as a result of their injury. Therapy may include helping a child regain their mobility and speech amongst other things.

We would be glad to speak with you if you would like to find out if we can help you obtain compensation for your injuries or your child’s.

What Complications Could Your Child Suffer?

The possible complications associated with a child head injury could include:

  • Swelling of the brain which in turn causes pressure to build up in the brain (intracranial pressure)
  • Seizures (convulsions/fits) caused by swelling or bleeding in the brain
  • Infection if the skull or scalp is damaged

Are Child Brain Injury Claims Time-Limited?

If a child was under 18 years of age when they sustained an injury to the head, the time limit is set at 3 years from when they turn 18 years of age. As such, they have 3 years to seek compensation which, in short, means they must file their case before they turn 21.

Claims for child brain injury compensation can be made earlier than their 18th birthday by a close relative or other adult allowed to act on the child’s behalf in a claim. They could act as the child’s ‘litigation friend’ and file a claim on the child’s behalf.

My Child Suffered A Brain Injury, What Should I Do?

The first and most important step to take if your child suffers a brain injury is to ensure they are getting the best medical treatment possible.

Secondly, you should gather as much information and evidence as you can to support a claim. Thirdly, you could seek legal advice, which is where UK Law can be of assistance.

To find out how we can help and whether you have a valid claim against the party responsible, please reach out to our advisors today.

Claim For A Child Brain Injury On A No Win No Fee Basis

You may be concerned about the cost of hiring legal representation. However, you have the option of working with a No Win No Fee lawyer. Providing you have a strong and valid case against a third party, we can connect you with a solicitor from our panel. They can represent you on a No Win No Fee basis. But what is No Win No Fee?

It takes the worry of paying upfront for legal representation off the table. What’s more, you would only pay a No Win No Fee lawyer their fee when you win your claim and the amount (success fee) is deducted from your compensation payout.

If you lose your claim, you don’t pay the solicitor their fees. This is the agreement a No Win No Fee solicitor makes when signing a Conditional Fee Agreement with you.

To find out whether you can be represented on a No Win No Fee basis by a specialist child brain injury lawyer, please call the number at the top of the page.

Other Information

Links to other useful UK Law guides:

How to sue on behalf of someone else

Road traffic accident claims

Medical negligence claims

Some links to external sites that offer essential reading:

Great Ormond Street Hospital for Children

Head injuries and concussion

The Children’s Trust: Acquired brain injuries

FAQs About How Child Brain Injury Lawyers Can Help You Claim

In this section of our guide, we look at commonly asked questions regarding personal injury claims.

Will my child need a medical assessment?

As part of the injury claims process, all claimants should undergo a medical assessment to prove the extent of harm and causation. However, this assessment is carried out by a medical professional who is entirely independent of the situation.

Will I need to visit the solicitor in person?

You do not have to visit a solicitor in person because all communications can be done over the phone, by email or in a video conference.

How does the claims process work?

The claims process is generally (and roughly) as follows:

  • Arrange medical treatment/rehabilitation
  • Establish who is responsible
  • Collect as much evidence as you can
  • Assess the extent of the injury
  • Review prognosis
  • Work out compensation payout
  • Reach a final settlement
  • Receive compensation

Thank you for reading our guide on how a child brain injury lawyer could help. 

Writer FE

Checked by HT