Cerebral Palsy Compensation Claims
If your life, or the life of a loved one, has been affected by cerebral palsy, we can help.
If your injuries were caused by someone else's actions or negligence, you may be entitled to claim compensation.
Claiming injury compensation with a solicitor
You can make a compensation claim with the help and support of a personal injury solicitor.
Your solicitor will ask you about what happened, and they will collect evidence to prove what caused your injuries. Your solicitor will also work out how much money you can claim, based on your injuries, lost earnings and other expenses.
We can help you make a personal injury compensation claim on a No Win No Fee basis.
In this article
Cerebral palsy is not a specific disease or illness; it is a term used to describe a condition that affects movement as a result of brain injury.
If the injury to the brain has been caused as a result of someone else's negligence, there may be grounds to make a cerebral palsy compensation claim.
Cerebral palsy is most often caused before birth, while some cases happen during birth. One in 400 children are born with cerebral palsy. It is caused by a lack of oxygen, which damages the brain. In some cases the condition happens as a result of sub-standard care during pregnancy or birth. In these cases, it may be possible to claim compensation for medical negligence.
Degrees of cerebral palsy
There are three degrees of cerebral palsy:
- Spastic cerebral palsy - where muscles in the body are tight, stiff, or weak, making control difficult
- Asthetoid cerebral palsy - where muscle control is affected by spontaneous movements, meaning posture is affected
- Ataxic cerebral palsy - meaning there are problems with balance, shaky movement of hands or feet, and difficulty with speech
Living with cerebral palsy
People with cerebral palsy can experience problems with balance, coordination, hearing, learning and may experience epileptic seizures. Difficulty controlling and using muscles makes certain tasks hard for those with cerebral palsy. This might include walking, writing, eating, talking and dressing.
Signs and symptoms of cerebral palsy vary from very mild, where the condition is barely noticeable, to very serious, where the affected person requires around-the-clock care for life. If cerebral palsy was caused by someone else's negligence, claiming compensation will help to cover ongoing care costs and specialist treatment.
Cerebral palsy treatment
While there is no medical cure for brain injuries that cause cerebral palsy, there are therapies and treatment that can help people to manage the condition better.
Aids and equipment can also improve quality of life, as can specialised modifications in the home. These treatments and equipment can be very costly, especially as they could be life-long requirements.
Cerebral palsy and compensation
If you think that you or a loved one has cerebral palsy as a result of someone else's negligence, you may be able to claim compensation. If cerebral palsy was brought on during pregnancy or birth due to inadequate medical care, you could claim for medical negligence. The claim would take into account the following:
- The pain, suffering and loss of amenity caused by the injury.
- Damages to cover costs of ongoing care, equipment, treatment and home modifications.
- Any income lost due to caring for the person with cerebral palsy.
- The impact of the injury on the affected person's on quality of life.
Will I have to go to court?
Highly unlikely. Solicitors settle the vast majority of claims out of court.
Less than 5% of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are decided by a judge or magistrate, not a jury.
Even if the claim does go to court, it is very unlikely you will have to attend.
No win, no fee - the facts
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making an injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my injury claim?
If your injury claim is not successful then you do not have to pay any legal fees . Your solicitor may take out insurance to ensure there will be nothing to pay.
Is there a penalty if I withdraw?
Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.
How we can help you
Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open:
- 8am to 9pm weekdays
- 9am to 6pm on Saturday
- 9.30am to 5pm on Sunday
Call us for FREE advice on 0800 376 1001, or arrange a call back from a friendly, legally-trained advisor:
- Find out
if you can claim
- No obligation
to start a claim
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I feel I was partly responsible for my accident?
Yes. You may still be able to claim compensation even if your actions may have contributed to the accident.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an injury claim?
In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.
Can I claim for an injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim injury compensation.
In reality, there are a number of factors that can affect whether an injury claim will be taken on by a solicitor.
Will I have to visit a solicitor's office to start a claim?
No. You will not need visit a solicitor's office. Personal injury claims are handled by email, post and phone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
I need the money now - what are my options?
If you are unable to work and have bills to pay, you may be able to claim an interim compensation payment.
An interim payment is an advance on your compensation payment. Any amount you receive in interim payments would be deducted from your final compensation payment.
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Legal Services. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.