Birth Injury Claims - More Information

- What Will Happen When I Make A Claim?
- When you contact us we’ll set up a free initial consultation to discuss your case and see if you have a claim. We’ll also talk about how you can pay for your claim, including No Win No Fee agreements*.
  
  We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your birth injury. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses before your final settlement. Any interim payments will be taken out of your final compensation award.
  
  Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts will work out what care you should have received and what your future treatment needs will be.
  
  We’ll always try and negotiate claims out of court, keeping your claim as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.
  
  Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.
- Who Can Access Legal Aid?
- Legal aid can help cover the cost of legal advice and representation if your child has been affected by a birth injury.
  
  You can apply for legal aid to support your claim for brain injuries during pregnancy, birth or the first 8 weeks of life. Your case must meet two requirements to qualify:
  1. You can only apply if the child has less than £2,500 in savings
  2. There must be a strong enough reason for us to investigate your case.
  When you get in touch with us, we’ll discuss whether you’ll be able access legal aid. If your claim qualifies, then legal aid will cover the cost of our initial investigation and the cost of full representation if we take your case on.
  
  We’re one of a small number of law firms that can take on legal aid cases for birth injuries. Call us free on 0800 121 6567 to find out more.
- How Much Compensation Could I Receive For A Birth Injury?
- How much compensation you could get depends on:
  - Your child’s care needs
  - The severity and extent of their injury
  - The costs of medical treatment, rehabilitation, care support and home adaptations that may be needed
  - Time taken off work or if you’re no longer able to work
  - Travel costs to medical appointments.
  Our birth injury solicitors will try to get you a settlement that provides a full care package for your child, for their lifetime if needed. We’ll make sure that their best interests are always put first and we can help you manage your compensation award to make sure it lasts as long as you need it.
- Can Irwin Mitchell Help With NHS Early Notification Scheme Claims?
- Yes. At birth, if your child is at risk of having a serious and permanent brain injury, the NHS Early Notification Scheme will investigate. If they find that your child’s injury was a result of negligent medical care, you could get compensation.
  
  Our medical negligence solicitors can work with you while you’re going through the ENS. We’ll advise and support you throughout the process and if you get any compensation, we can help you manage it.
  
  Read more about the ENS and how we can help in these situations.