Child Head Injury and Brain Injury Claims
Claiming compensation for children who have suffered head or brain injury
Irwin Mitchell is committed to providing families with access to specialist legal services which are dedicated to providing help and advice for children who have suffered a head injury or brain injury.
A child may be able to succeed in making a head injury claim in circumstances in which an adult may not. In dealing with children’s accidents, whether in the home, in public places, on the road or in the care of a trusted professional, we recognise the child’s vulnerability and the responsibilities owed by adults towards children. If the injuries are likely to have lifelong implications, it is vital that the child is properly compensated and receives the right level of support throughout.
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Touching Base - Summer 2008 Edition - This newsletter is aimed at families with special needs children and provides them with information on support organisations, health updates and events and activities that are happening nationally.
The value of specialist advice
Representing children who have suffered a brain injury through accidents requires expertise and skill, both of which we can offer at Irwin Mitchell. We will arrange for a legal representative with specialist knowledge and experience of working with children’s brain injury claims to provide advice and assistance. This will include a comprehensive investigation of the incident in which the child suffered his or her injuries, in order to carefully assess whether the child will succeed with a claim.
Through many years of experience in representing children who have suffered brain injury, we recognise the importance of a careful and multi-disciplinary approach to managing the needs of a child recovering from brain injury. Once liability is established, we will work with our client and his or her family to explore all options for support including advice on education support and brain injury case management. We will also investigate all sensible options for funding including state health or education provisions and as well as funding through interim payments.
The early settlement of a child brain injury claim is not always in the child’s best interests. The timescales might be lengthy but it can be essential to wait until the time is right before settling the claim. It can be difficult to predict the long term outcome in terms of educational attainment, prospects for work in adult life and independent living as an adult.
We will seek advice from specialist child brain injury experts to carry out assessments; our aim is to help maximise their potential for recovery and rehabilitation. This may involve assessments with paediatric neurologists and educational psychologists. As the legal case progresses, we will aim to secure interim payments for the child to help with any needs which may arise.
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It’s not all about making a claim
We aim to provide a holistic service beyond the process of claiming damages. For example, our client liaison service can provide assistance with other aspects of support needs, for example help in dealing with local services or state benefits.
Irwin Mitchell have a strong sense of community support and on a local level work with support groups in particular Headway – the Brain Injury Association and the Child Brain Injury Trust (CBIT) to provide support, raise awareness and help with fundraising activities.
Finally, if we investigate a potential claim and advise that there is unlikely to be a reasonable prospect of success, we may still be able to provide assistance in other areas for example if a parent wishes to challenge a decision made by the local education authority, through our specialist public law team, or to obtain advice about special education needs.
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