Child Brain Injury Rehabilitation

A child injury compensation claim can cover:

• Compensation for the severity of injury suffered and the likely prognosis.
• Damages to cover the cost of treatment, both immediate and in the future.
• Psychological injuries suffered due to the emotional trauma.
• Costs incurred through travelling to hospital or for medical appointments.
• The cost of aids & equipment or home adaptations required due to your child’s injury.
• Loss of earnings should you need to take time off, or give up work to care for your child.
• Any future financial losses that your child will suffer as a result of a life changing injury.

Anyone under the age of 18 is deemed to be a minor for legal proceedings so an adult, usually a parent, family member or a guardian, needs to make a claim on the child’s behalf.

This person is known as a ‘Litigation Friend’ – someone who acts in the best interests of the child through the legal process.

In England and Wales, child injury compensation claims cannot be settled without the approval of a Judge. Our legal experts will offer support and guide you through the claims process.

The Court approval process is generally straightforward, concludes with an Infant Approval Hearing. Such hearings often take place remotely or in a Judge’s chamber at a local County Court, although any settlement over £50,000 requires Court of Protection involvement.

The Judge will review the papers and conclude whether the settlement proposed is in the child’s best interest. If the Judge considers the settlement is below a reasonable range, then they will not approve the proposal.

Court approval inevitably means compensation claims for children can take longer. It does however ensure that a child is protected and achieves the optimal amount negligence compensation for their injury.

Should there be an immediate need for funds, such as essential rehabilitation treatment, accommodation, equipment and care, interim payments can often be agreed between parties and approved.

These payments can be made prior to the child turning 18, provided the Court is satisfied it is for the child’s use.

In some cases our legal team have secured a number of interim payments in child injury cases, over a number of years, providing the money to pay for physical and psychological treatments, and to fund essential equipment or adaptations to accommodation.

If interim payments are not required, compensation is paid into the Court Funds Office until the child reaches 18 years of age. The money will be invested and accrue interest until the child reaches 18.

Sometimes the Court may be prepared for the compensation to be paid into an alternative investment, set up by the Litigation Friend, for the child to access when they reach 18.

This tends to only be considered in more modest claims and ultimately this decision rests with the Court. Once a child reaches 18 any funds invested will be released to them.

Yes. We can help our clients set up a personal injury trust on behalf of a child. Benefits of doing this include the child’s compensation not impacting on any means tested benefits that they receive when they turn 18. Money placed in a trust can only be accessed by appointed trustees, such as a parent and a solicitor. In order to get money out of the personal injury trust, all trustees must agree to its release.

We continue to offer free legal support to children who suffer brain injuries, with a promise of them retaining 100 per cent of the damages secured.

Due to being accredited specialists in birth injury claims, we are also one of only a small number of firms to have a legal aid franchise for representing families when a child suffers a neurological injury before, during or no later than 8 weeks from birth, through the public purse, ensuring families are not left out of pocket when seeking the compensation and support they will require, often for the rest of the child’s life.

We also ensure our support has a long-term focus. This includes employing our own highly-experienced in-house Professional Deputy, Eve Carter, who offers support in managing finances for those left without mental capacity, or decisions relating to their future health and welfare.

We are also able to ensure families benefit from independent, expert financial advice as part of our free, no obligation ‘Life after settlement’ consultation.

Issues covered and planned for can include:

• Protecting and maximising your future benefits entitlements.
• Budgeting and financial planning.
• Cash flow modelling.
• Low-risk investment opportunities.
• Property ownership.