Child Brain Injury Solicitors: Making a Claim

Child brain injury is a term used to describe damage to the brain of a child that occurs before the age of 18. This type of injury can have a range of causes, including accidents, infections, tumours, or strokes. The injury can result in a range of symptoms and outcomes depending on the severity and location of the damage.

Some possible effects of child brain injury include physical disabilities, cognitive impairments, behavioural changes, and emotional difficulties. These can have significant impacts on a child’s development and quality of life. It is important to seek medical attention if you suspect that your child has experienced a brain injury.

The specialist child brain injury solicitors at Beacon Law are experienced in all types of brain injury cases and have worked with many clients over the years, compiling a significant amount of knowledge on the subject and process. Please get in touch today to find out more about making a claim on behalf of a child.

Causes of child brain injury

There are many potential causes of child brain injury. Here are some of the most common:

1. Traumatic brain injury (TBI): This is the most common cause of brain injury in children. TBI can be caused by a number of factors, including falls, sports injuries, road traffic accidents, and physical abuse or assaults.
2. Oxygen deprivation: A lack of oxygen to the brain can cause brain injury. This can happen during a difficult birth, drowning, or suffocation.
3. Infections: Certain infections can cause brain injury, such as meningitis, encephalitis, and sepsis.
4. Stroke: A stroke occurs when blood flow to the brain is disrupted, causing brain cells to die. Strokes can be caused by a blood clot or a ruptured blood vessel.
5. brain tumours: Brain tumours can cause brain injury by putting pressure on the brain or damaging brain tissue.
6. Toxic exposure: Exposure to certain toxins, such as lead or carbon monoxide, can cause brain injury.
7. Child abuse: Physical abuse or shaken baby syndrome can cause brain injury.

It’s important to note that some causes of brain injury can be prevented. For example, wearing helmets while riding bikes or participating in certain sports can help prevent traumatic brain injury. Ensuring that your child receives prompt medical care for infections can also help prevent brain injury.

Symptoms of child brain injury

The symptoms of child brain injury can vary widely depending on the severity and location of the injury, and may not be immediately apparent. Some symptoms may only be for a short time whilst others might be apparent in the long term. Some common symptoms of child brain injury include:

1. Physical symptoms: Headache, dizziness, loss of consciousness, seizures, vomiting, balance problems, and difficulty with coordination or movement.
2. Cognitive symptoms: Confusion, memory problems, difficulty concentrating, and difficulty with language or communication.
3. Behavioral symptoms: Irritability, mood swings, aggression, depression, and anxiety.
4. Sensory symptoms: Sensitivity to light or sound, changes in vision or hearing, and numbness or tingling in the extremities.
5. Sleep disturbances: Changes in sleep patterns, difficulty sleeping, or excessive sleepiness.

It is important to seek medical attention immediately if your child experiences any of these symptoms, especially if they have been in an accident or have had a blow to the head. Some symptoms of brain injury may not appear until hours or even days after the injury occurs. If left untreated, brain injuries can result in permanent damage or even death. Early detection and treatment can greatly improve the outcome of a brain injury.

Can a child make a claim for their brain injury?

An injured child who has suffered a brain injury may be able to make a legal claim for compensation for their injuries. However, the process of making a claim on behalf of a child is slightly different from making a claim for an adult, as children cannot bring legal action on their own behalf. In most cases, a parent or legal guardian will need to bring the claim on behalf of the child.

Child brain injury compensation claims can be dealt with in two ways; you can wait until your child turns the age of 18 to let them pursue the claim themselves, in which case, they have have three years to settle their claim. Or, as a parent or guardian of an injured child, you may pursue the personal injury case on their behalf before they turn 18.

If you decide to make a claim on behalf of the child, you will be referred to as the “litigation friend” within the case. The compensation will be held in an account, protected by the Court, which the child will have access to from their 18th birthday, unless the injury impacted their mental capacity to manage their finances. A legal deputy will be appointed by the Court of Protection if they lack capacity to manage finances.

Access to compensation may be allowed before the child turns 18 if earlier payments are required for care and development.

Parents and guardians will be able to recover additional losses sustained as the result of their child’s brain injury, such as loss of earnings, if they were required to take time off work to care for the child, medical costs, and travel costs. These can be obtained as in interim payment before the settlement of the case, at the final settlement.

At the end of the claim’s process, there will be a hearing, known as an Infant Approval Hearing, which the litigation friend will be required to attend. During this hearing the Court will look at all facts of the case to ensure that the claim has not been under settled, and management of the compensation until the child turns 18 will also be discussed and approved during the hearing.

Our child brain injury solicitors solicitors will discuss the process of the hearing and will provide you with all the information you require before you attend the hearing.

How long can the process take?

The length of time it takes to settle a personal injury claim can vary based on the complexity and severity of the injury. If the defendant accepts responsibility, we strive to reach a settlement within 6 to 9 months. However, this timeframe may be extended if the necessary evidence is difficult to obtain or the defendant is hard to reach. As child brain injury cases are often complex, it is likely to take longer than 6 to 9 months, even when the defendant accepts liability.

How much will it cost to make a child brain injury claim?

At Beacon Law, we understand your concerns about legal fees affecting your compensation award. That’s why all of our personal injury claims are handled on a “no win no fee” agreement basis. This means that if your compensation claim is unsuccessful, you won’t have to pay for our services.

If your brain injury claim is successful, a success fee will be charged. The success fee and any remaining legal costs will be deducted from the compensation award. The success fee is capped at 25%, and there may be additional fees for legal expenses insurance if necessary. All fees will be discussed with you before we agree to take on your case.

How our child brain injury solicitors can help

Whilst pursuing a child brain injury claim, Beacon Law brain injury lawyers and solicitors can be your source of support and will help you recover the amount of compensation that you deserve in your brain injury compensation claim. We understand that the process of making personal injury claims can be difficult, so we will be there to guide you every step of the way.

If you have suffered a brain injury as a child or are acting on behalf of the child, we believe that you/they should have access to the best possible medical care and support available, and our child brain injury solicitors endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private treatment to assist you in your recovery.

If you would like more advice and support on the topic you can also visit the Child Brain Injury Trust, who assist with acquired brain injuries in minors.

Our personal injury solicitors and clinical negligence solicitors are able to provide expert legal advice for many types of claims, including brain and head injuries claims that have been caused by accidents at work, road traffic accidents, medical negligence, and many more.

We value each client that we have the pleasure of working with, listen carefully to our clients’ wishes, and will aim to complete your claim in a timely manner so that you can receive the compensation that you deserve as soon as possible.

Please do not hesitate to get in touch today to discuss your case with a member of our experienced team. You can contact us using the online form below or email us at info@beaconlaw.co.uk.