What Happens to Compensation Awarded to a Child with Cerebral Palsy?

FAQs

How is Compensation Awarded?

Your child will be awarded compensation if it can be proved that a healthcare provider breached their duty of care as a medical professional, and that this breach caused or made a material contribution to their brain injury.

Compensation can come in the form of a lump sum payment, inflation linked annual periodical payments or a combination of the two.

A formal written apology may also be provided from the medical professionals and/or hospital responsible, which can be a great comfort to many families, as their pain and suffering will have been properly acknowledged.

If the case involves a child or an adult who lacks mental capacity, the amount of compensation awarded will need to be approved by the Court, even if the parties agree a figure between themselves without a Court hearing. This acts as an extra layer of protection for the benefit of the claimant and makes sure their funds are spent responsibly and in their best interests.

Claiming compensation to help you cover the costs of caring for your child or children with Cerebral Palsy may seem daunting. It can seem a stressful process for parents who are desperate to make sure their child gets the right level of care and support, and if you’re struggling financially, this might make things even more pressurised. But, with the right legal team and know-how behind you, this doesn’t have to be a stressful process.

In fact, these things are set up to make sure that people can claim compensation, meaning the process isn’t super complex or long. All you need to know is what evidence to provide and what forms you may need to sign, and the deadlines to submit this by, and you’ll be good to go.

How is Compensation Calculated?

Appropriate compensation is vital in making sure that your child’s complex needs are met and that they have a better quality of life than they would otherwise have had.

But it’s often difficult to predict how Cerebral Palsy will affect someone’s life expectancy and other outcomes in their early years. So these questions have to be carefully considered by a number of independent experts.

Generally speaking, it’s not advisable to finalise the compensation award until the claimant is aged 7 at the earliest.

Before this, it may be possible to secure interim payments, which can cover expenses such as:

• Suitable living accommodation
• Carers
• A case manager
• Aids and equipment
• Treatments such as speech and language therapy, physiotherapy, occupational therapy and hydrotherapy

Early funds can also be made available for a suitable vehicle with ramp and hoisting facilities, the extra costs of holidays and assistive technology such as Eye Gaze communication, music therapy and sensory equipment.

There are many different types of additional support and care people with Cerebral Palsy need. As with any condition, Cerebral Palsy affects everyone differently. With some people, it may cause them to need speech therapy, whereas with other people, the needs may be more complex, meaning their homes have to be sufficiently kitted out with the right ramps and accessible technology and equipment to make sure they can navigate their home.

Why Choose Simpson Millar?

Our Medical Negligence Solicitors have vast experience acting for children with Cerebral Palsy and unlike many law firms, we have a franchise with the Legal Aid Agency, which enables us to act with public funding (eligibility is based on the child’s financial means only).

Alternatively, we can act under a No Win, No Fee agreement (also known as a Conditional Fee Agreement). We have Lawyers who are specially accredited by the Law Society and/or AvMA clinical negligence panels and we have access to the very best barristers and experts.

We also have a team of specialist Court of Protection Solicitors, who can advise on important issues such as arranging Deputyships. Just get in touch with us for a free claims assessment and we’ll be happy to discuss how we can help you.

We understand that these issues of medical negligence and Cerebral Palsy can be difficult to deal with, and they require a lot of sensitivity to work through, both from a legal standpoint and from a mental health standpoint. That’s why we want to take as much of the stress and burden off your shoulders, so you can focus on your mental wellbeing and looking after your child or children.

If you get in touch with our Medical Negligence Solicitors and Lawyers at Simpson Millar, we can help you build a case to claim compensation, so we can help you cover the costs of the support and care your child with Cerebral Palsy needs.