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Child Brain Injury Claims
Injuries to children are particularly distressing but when a child experiences a brain injury it is devastating. Sadly, some child brain injury claims can arise because someone has been negligent in delivering care.
To speak to a member of our sympathetic team and discuss your circumstances in confidence, get in touch with us on 0333 358 2345 or make an enquiry on our website.
Types of acquired child brain injury
Brain injuries are sometimes referred to as Acquired Brain Injuries and they can fall into two categories: Traumatic Brain Injury and Non-traumatic Brain Injury. A traumatic brain injury (TBI) occurs when the victim sustains a forceful strike to the head by an external object.
On the other hand, a non-traumatic brain injury is something that can be stimulated following a disease such as a brain tumour.
Possible Causes Of Child Brain Injury Claims
- Meningitis
- Poisoning
- Encephalitis
- Stroke
- Road traffic accident
- Falling from a height accident
- Sports-related accident
- Traumatic birth leading to cerebral palsy
The Effects of a Child Brain Injury
Brain injuries are permanent and the consequences are often far-reaching, usually affecting the whole of the family unit because of the amount of practical care required in most cases.
Below is a non-exhaustive list of some of the possible side-effects of a child brain injury.
- Difficulty speaking and/or communicating
- Learning difficulties
- Changes in personality and behaviour
- Depression and anxiety
- Difficulties organising thoughts and/or planning
- Memory problems
- Inability to walk or talk in extreme cases
The effects of a brain injury may not be known until a much later date, possibly years after an injury is acquired. The brain carries on growing well into adulthood and therefore certain parts of the brain are not required until that time. It can sometimes be only then that it is clear there has been damage to that portion of the brain, hence the term, a ‘hidden disability’.
Caring for a child with a brain injury can be very demanding emotionally on all the family. This, as well as the direct consequences of a child’s brain injury, will be considered in child brain injury claims.
Making a Child Brain Injury Claim as a Parent or Guardian
Legally, an individual must be 18 years of age to make a claim for compensation. If your child is younger than this and has sustained a brain injury, you can act as their litigation friend and make a claim on their behalf. You can also represent your child as their litigation friend if they are older than the age of 18 but their brain injury means that they lack capacity.
While the claim will be made in your child’s name, you will correspond with their solicitor and make decisions on their behalf.
Time limits
A brain injury claim can be made on behalf of a child at any time before they turn 18 years old. However, after the age of 18, they have three years in which to make a claim. If your child sustained their brain injury as a minor (under the age of 18), their claim must be issued within three years of their 18th birthday.
How Can A Personal Injury Lawyer Help With Child Brain Injury Claims?
You may be entitled to compensation for a range of compensation claims under accident claims. Our experts will help assess your potential claim going forwards and provide you with proficient advice.
Contact First Personal Injury to discuss your potential compensation claim today by ringing 0333 358 2345 or by filling out the online claims form.