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  • Child Brain & Head Injury Claims

Child Brain & Head Injury Claims

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If a child sustains a head or brain injury, their life can be impacted greatly. Head injuries can cause lifelong physical and cognitive challenges. But by helping you to secure compensation, we might be able to make things a little easier.

Our expert serious injury lawyers have years of experience in helping families claim compensation, so you can be reassured that we’ve the knowledge needed to help you. We always work professionally and with sensitivity, listening to your needs to reach the best possible outcome for you and your child.  today.

Our solicitors accept cases on a no win no fee basis. This means you don’t have to pay anything upfront, and you won’t be out of pocket if your claim is unsuccessful.

Why choose Irwin Mitchell to help claim for your child’s brain and head injury?

Independent legal guides, The Legal 500 and Chambers & Partners, rank our child brain injury team as one of the leaders in the sector.

Claims involving children can take longer than normal because we must establish the long-term impact of the injury. By claiming with us, you can be reassured that we’ll keep you up to date throughout your claim while continually monitoring your child’s progress to make sure they get compensation to cover all the care they need.

Once you’ve received your compensation, we can set up a personal injury trust. This makes sure any compensation you get doesn’t impact any means-tested benefits your child could access in the future.

Our Public Law & Human Rights department can offer advice on Part 3 of the Children and Families Act 2014. This Act is designed to give young people (under the age of 25) with special education needs greater protection.

As well as expert legal advice we’ve teams of expert in other areas, such as:

  • Finances – our Asset Management team are financial experts that can offer advice on managing compensation and investing your compensation.
  • Rehabilitation – our Support and Rehabilitation Coordinators can help your child access the right support they need.
Accredited serious injury lawyers
Advice on the Children and Families Act 2014 and the support this offers
No Win No Fee claims available*
Specialist rehabilitation contacts

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Carolyn Heaton
Carolyn Heaton Partner Meet the team

Child Brain & Head Injury Claims - More Information

When you first contact our child brain injury solicitors, we’ll arrange a free initial consultation to discuss your claim. In this 30-minute consultation, we’ll also talk about funding options.

If you decide to use our team, we’ll start investigating your child’s brain injury. We’ll try to work out the value of your claim by collecting expert evidence on how your child’s injuries have affected their life and their future needs.

To make your case as strong as possible, we may even talk to your child’s teachers, friends and family about the changes they’ve seen in your child.

It can take a while to work out the long-term impact of a head injury in a child. We’ll monitor your child’s progress as they grow up and support you as they progress through school. To help during this time, it might be possible to secure interim compensation payments (if your opponent has accepted responsibility), which can pay for care by medical specialists and educational support.

Once the long-term impact of the injury is clear, we’ll value your claim based on the impact of the injuries and the care and support needed and will try to negotiate a settlement for you.

Normally, your child’s compensation will be held by the court until they turn 18. But if you choose to set-up a personal injury trust, you can access some of the funds on your child’s behalf to help pay for their care. When your child reaches 18, they’ll be given control of the trust unless they don’t have the mental capacity to do so. Trusts can also mean that your child’s compensation award doesn’t affect their entitlement to means-tested benefits.

Our solicitors will consider several things when deciding how much compensation your child should get to help with their head or brain injury. We’ll make sure that you receive a compensation figure that can pay for:

  • Long-term medical care
  • Educational support
  • Adaptions to your home and vehicle
  • Mobility equipment (such as wheelchairs)
  • Loss of earnings if you’ve been unable to work to look after your child
  • Expenses, such as travel expenses to hospital appointments
  • Potential loss of earnings if your child will be unable to work in the future.

The amount of compensation your child can get will depend upon the severity of their injuries and whether they’re likely to make a full recovery. We’re aware that as a parent, you might have to take time off work or even quit your role to look after your child. Your compensation can take this into account and help pay for home support.

As claims involving children can be particularly complex, they may take longer than usual. In cases where the opponent has accepted responsibility, we might be able to help you access early compensation payments to help pay for ongoing care and expenses.

Our serious injury team is happy to be contacted by a parent, teacher, or other professional on behalf of a child who’s sustained a brain or head injury. Children under 18 can’t deal with their own compensation claim, but an adult (usually a parent) can deal with one on their behalf.

If you sustained a brain or head injury due to an accident when you were a child, we could help you claim after you’ve turned 18. You can make a claim of this type at any point until your 21st birthday.

To make your claim as stress-free as possible, we can travel to meet you and your child at home or in hospital, as we appreciate that travelling might be difficult.

When claiming on behalf of a child, there are no limits while they’re still under 18. Once your child turns 18, they’ve got three years to make their own claim.

If your child doesn’t have the mental capacity to handle their own claim after they’ve turned 18, you might be able to make a claim on their behalf and this wouldn’t be subject to any time limits.

Frequently Asked Questions

How can a child head or brain injury happen?

Over the years, we’ve helped the families of children who were injured in a range of circumstances, including accidents that took place:

  • In the home
  • At school
  • On the road
  • In other public places.

Unfortunately, child head injuries can cause brain damage, which may have life-changing consequences. To help your child face these challenges, we’ll work with medical and rehabilitation specialists to make sure the best possible long-term care can be funded by your compensation.

We understand how important your child’s recovery is to the whole family and will work to make sure they get the best care and support.

What are the physical effects of a head/brain injury?

Head injuries and acquired brain injuries affect every child differently, creating new physical and cognitive challenges. Some main physical effects of child brain and head injuries are:

  • Movement – If an injury occurs to one side of your child’s brain, electrical signals can’t pass messages onto the body. This can create paralysis or weakness in the opposite side of their body.
  • Dyspraxia/motor planning – Deliberate movements (normally involving sequences) can be impacted. Movements such as reaching for an item and speech can become harder for your child.
  • Headaches – These can result from accidents and may worsen because of stress or overexertion.
  • Incontinence – As this is a physical and mental exercise, your child’s body might not pick up signs that help them go to the toilet.
  • Seizures/epilepsy – Your child’s brain can scar after an injury which causes signals in the brain to become unstable, sometimes causing seizures.
  • Sensory difficulties – Blurred vision, hearing problems and difficulties with smell and taste can be caused as your child’s brain will find it harder to understand information.

By making a compensation claim, money could be secured to help your child overcome these physical challenges as much as possible. Your child’s settlement could help pay for care from medical experts who can put in place a rehabilitation programme of therapy and treatments, home tutoring, and equipment to make things at home a little easier.

What cognitive effects might be caused?

Child brain and head injuries may cause cognitive and emotional difficulties, creating problems with: 

  • Memory
  • Attention
  • Speech and communication
  • Awareness (judging your own behaviour)
  • Understanding emotions.

These can be particularly challenging for children as the brain is unlikely to have fully developed, and they may have to learn how to do simple tasks again.

We’re also aware that a brain or head injury to a child can affect the whole family. Your everyday life may have to change enormously, and you might become worried about how you’ll cope both emotionally and financially.

Our lawyers are here to help and could secure you compensation to pay for specialist care and equipment for your child, funds to cover your bills, and money to pay for support for your family.

Can I make a no win no fee child brain injury claim?

We do take some child brain injury claims on a no win no fee basis. This means you’ll have nothing to pay should your claim be unsuccessful.

However, there can be more suitable funding options available. We’ll discuss every funding option with you before we start working on your claim, to make sure you’re using the best one for you.

Read More FAQs

Related Information - Child Brain & Head Injury Claims

Great Adaptations - compensation can pay for vital improvements to the home
Support and Rehabilitation Coordinators - we can help you access care and support services to help with your recovery
Children & Families Act 2014 - we offer advice on this act and the support you can access from your local authority
Court of Protection - help with setting up personal injury trust to protect your child’s compensation

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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