Child Brain Injury Claims

Child brain injury Claims

Compensation can provide important financial support for the treatment, rehabilitation, care and other assistance a child may need both now and in the future.

At Osborne, Morris & Morgan Solicitors, our specialist team understand the complex nature of brain injury claims involving children.

We can provide clear legal advice, investigate the circumstances surrounding the injury and help to ensure that your child’s current and future needs are properly considered.

Making a brain injury claim on behalf of a child

The first priority following a suspected brain injury is always obtaining appropriate medical treatment.

Brain injuries can vary considerably in their presentation and some symptoms may not become apparent immediately. Ongoing medical assessment can therefore be important in understanding the nature and extent of the injury.

Medical records and other clinical evidence also play a meaningful role in a compensation claim. Depending on the circumstances, this may include hospital records, scans, neurological assessments, rehabilitation reports and assessments from other medical professionals.

Once your child’s immediate medical needs have been addressed, obtaining advice from a solicitor can help to establish whether there are grounds for pursuing compensation.

Our solicitors can carry out an initial assessment, review available medical information, accident reports or other relevant evidence in order to advise on a potential claim. We can talk you through the evidence required and the legal process involved.

A successful personal injury claim generally requires evidence that another person or organisation was legally responsible for causing the injury. Establishing what happened and who was responsible requires detailed investigation.

Evidence could include accident reports, witness statements, photographs, camera footage, medical records and expert analysis.

One of the key challenges when working with a child brain injury claim is assessing how the injury may affect the child throughout their development and into adulthood. For this reason, serious child brain injury compensation claims often require detailed medical and expert evidence, this could involve neurologists, psychologists, rehabilitation specialists, occupational therapists and educational experts.

The purpose of this evidence is to establish the effect the injury has had on your child and importantly, the treatment, care, support and rehabilitation they may require in the future.

Time limits for child brain injury claims

A parent or guardian can bring a claim on behalf of a child at any point before they turn 18 at which point you become known as their litigation friend. The role of a litigation friend allows the parent/guardian to make decisions and conduct legal proceedings on behalf of the child who lacks the metal capacity to manage their own case.

Essentially, you will act as the legal voice for your child, making decisions they are too young to make themselves.

Obtaining legal advice as early as possible can help to ensure that the relevant limitation rules are identified and that your child’s legal rights are protected.

We know that pursuing a compensation claim as well as supporting your child can be overwhelming. Our role is to support you throughout, ensuring that your child’s best interests remain at the centre of the claim at all times.