Cerebral palsy compensation claims
In this article we set out what you need to know about making a cerebral palsy compensation claim.
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.
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
I have a strong claim - why won't a solicitor take it on?
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 can help to cover care costs.
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.
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:
- Pain and suffering caused
- 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 effect on quality of life
A no win no fee agreement (more correctly referred to as a Conditional Fee Agreement) is entered into between a claimant and a suitably qualified lawyer.
The no win no fee agreement is essentially the terms under which the solicitor is instructed by the claimant.
It documents what the solicitors will do and how he is paid if your claim is won.
If you decide to choose Quittance for your cerebral palsy claim there are absolutely no hidden costs , nothing to pay up-front and the peace of mind that you will never be out of pocket.
The national panel of QLS solicitors help injured people with all types of personal injury claims, from fast track claims to life-changing injuries. Our lawyers are selected on the basis of their specialist knowledge and their winning track record.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
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