Frequently Asked Questions about Birth Injury claims
1. What is a birth injury?
A birth injury is when damage or an injury is caused to the child before, during or after birth. A birth injury claim may arise if medical staff fail to recognise serious conditions, such as preeclampsia, maternal or gestational diabetes, or if there is poor care during the delivery of a baby. You can also make a birth injury if your baby suffers an injury at the time of birth or within eight weeks of the date of the birth.
2. What birth injury can I claim for?
The types of birth injuries you can claim for include:
- Cerebral Palsy
- Erb's Palsy
- Broken bones
- Lack of oxygen
3. Who can make a Birth Injury claim?
If your baby has suffered any of the above as a result of a medical error made by doctors or other medical staff, you may be entitled to make a claim on their behalf. Call us on 0800 0 224 224 for free, legal advice from one of our birth injury lawyers.
4. How much does it cost to make a Birth Injury claim?
There are many ways to fund a birth injury claim. If you are part of a trade union, your membership will provide legal cover. If you are not a trade union member, we can talk you through our other options, such as a conditional fee agreement, also known as a ‘no win, no fee’ agreement. Find out more about how you can fund your claim on our fees and payment page.
5. How much compensation could I receive for a birth injury?
The amount of damages you can receive from a birth injury compensation claim depends on the individual’s case. Our birth injury lawyers will assess your case and provide an expected settlement figure as soon as possible. However, rest assured that our lawyers will make sure your compensation covers the costs of any rehabilitation, treatment and home adaptations you may need to help your child live with their injury. As part of your claim, we’ll put you in touch with support groups and charities who can offer their services to support you during your child’s recovery.
6. Are there time limits for making a Birth Injury claim?
You can make a birth injury claim on behalf of your child before their 18th birthday. Thereafter, they have three years from their 18th birthday to make a birth injury claim. If you wish to make a birth compensation claim for a child who has passed away as a result of a birth injury, you have three years from the date of the death to make a claim.
7. Why should I trust Thompsons with my Birth Injury claim?
Our birth injury solicitors and lawyers understand the devastating impact a birth injury can have on the child, parent and the whole family. It can be a difficult and challenging time to care for the child and to process the injury. That’s why we ensure our lawyers will do all that they can to help ease the emotional and financial strain that comes with a birth injury so that parents can focus on the care of their baby. Thompsons has a Legal Aid franchise, and all the specialist solicitors carrying out this type of work are members of the Law Society Clinical Negligence Panel.
We also believe that our pledge of only acting for injured people sets us apart from other law firms. We only ever represent injured people, and never the insurers, which means we work hard to get the maximum compensation for parents and children who have suffered a birth injury as a result of a medical error.
If you’d like to begin a birth injury claim, get in touch on 0800 0 224 224 or fill in our online claim form to begin the process. Our birth injury lawyers will offer free, no-obligation, legal advice on making a claim.