Child Brain Injury Claims

It is distressing when a child experiences any type of injury. However, it is particularly devastating when a child suffers a brain injury. In many cases claims have arisen due to someone else’s negligence.

To speak with a member of our friendly team please contact 0333 358 3034 or enquire via the online form available on this website.

Types of acquired child brain injury

Brain injuries are often named ‘Acquired Brain Injuries’ and are generally split into two categories:

1. Traumatic brain injury (TBI): when an external object forcefully strikes a victim on the head
2. Non-traumatic brain injury: often the result or effect of a disease, such as a brain tumour.

Possible causes of child brain injury claims

The following list is not exhaustive but provides some common causes of child brain injury claims:

• Encephalitis
• Stroke
• Sports-related accident
• Falling from a height accident
• Traumatic birth leading to cerebral palsy
• Meningitis
• Poisoning
• Road traffic accident

The effects of a child brain injury

The permanent nature of brain injuries affects the whole family unit due to the round-the-clock care that is necessary in the majority of cases.

Here is a non-exhaustive list of the possible side effects which may occur from a child brain injury:

• Difficulties organising thoughts and/or planning
• Inability to walk or talk (in extreme cases)
• Memory problems
• Learning difficulties
• Changes in personality and behaviour
• Depression and anxiety
• Difficulty speaking and/or communicating

Sometimes the effects of an injury to the brain may not manifest until many years after the injury took place. The brain is complex and continues to grow into adulthood. Therefore it is possible that a ‘hidden disability’ can become noticeable as a child develops and gets older.

The emotional trauma of a child brain injury can take a toll on the whole family. This, as well as the direct consequences of the injury, will be taken into account when pursuing child brain injury claims.

Making a child brain injury claim as a parent or guardian

A person must, legally, be at least eighteen years of age in order to pursue a claim for compensation. However, you can act as your child’s ‘litigation friend’ if your child has sustained a brain injury and is under eighteen. It is also possible to represent your child as their ‘litigation friend’ if they are older than eighteen but their brain injury has inhibited their capacity.

As a litigation friend, you will correspond with the solicitor and make decisions on your child’s behalf. However, the claim will still be made in your child’s name.

Time limits

Before a child turns eighteen years old it is possible to make a claim on their behalf at any time. The law stipulates that after the age of eighteen they only have three years in which to make a claim. If your child sustained an injury as a minor (under the age of 18), the claim must be submitted within 3 years of their 18^th birthday.

How can a personal injury lawyer help with child brain injury claims?

Contact a member of our friendly team today on 0333 358 3034 for a free no-obligation consultation. Alternatively, you can fill out our online form to arrange a call back at your convenience.