Child Brain Injury Claims

If your child has suffered a brain injury, it will no doubt be a traumatic and upsetting experience, and something that affects the entire family. Coping with the life-changing nature of this type of injury can be taxing for both the child and family, and this emotional upheaval will doubtless be magnified if the incident which led to your child sustaining their injury was down to someone else’s negligence.

The personal injury team at JMW understands the impact that a child’s brain injury has on theirs and their family’s lives, and it is our job is to ensure families are well informed and equipped to handle the difficult times ahead.

One of the ways we do this is by helping families to claim compensation, which can go a long way to assisting with recovery from an injury. If your child has suffered a brain injury as a result of someone else’s negligence, speak to a solicitor at JMW today. Simply call us now on 0800 054 6078 or fill in the enquiry form and we will get back to you.

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What Our Clients Say
  • If I need any further legal advice in the future, I will definitely be calling up JMW Solicitors!

    “I have worked as a paint sprayer for more than 26 years, when one day, the grinder in our workshop jammed and was forced out of my hands.  It caused a deep laceration to my left wrist and sliced my abdomen, leaving me in need of hospital treatment and a spell of time off work to recover. 

    “I decided to make a claim and was put in touch with JMW Solicitors, where Anna Ozarowska-Roberts handled my claim.  Anna was great to deal with and never left me in any doubt that I’d get a good result on my claim.  Anna kept in touch with me throughout the case, and was quick to let me know when she had any information about how my claim was progressing.  She always kept me informed with what the next steps were, what would be needed from me and what I could expect to happen. 

    “As well as claiming for my injuries, Anna Ozarowska-Roberts helped me claim back the wages I’d lost after needing to take time off for my injuries to heal, and the expenses I’d had as a result of having to seek treatment in a hospital.  I didn’t realise I’d be able to do this when I first made a claim, and it was really helpful to have that extra information from Anna, letting me know exactly what I could claim for. 

    “Anna negotiated a higher settlement for me than had originally been offered, one that we both felt was right.  I was delighted with all her hard work in resolving my claim.  She’s done me proud and if I need any further legal advice in the future, I will definitely be calling up JMW Solicitors!”  

     

     

  • "I spoke to Jemma Goldstone and from the word go, she was absolutely brilliant"

    “My wife and I had booked a holiday to Turkey that we’d been really looking forward to, but instead, it turned into the holiday from hell as I suffered food poisoning whilst we were away.  I found the hotel had very unsanitary conditions; one side of the restaurant was open, next to the pool, with all the food laid out next to trays, without any lids on them to cover them up.  We didn’t know how long the food had been out, and when we’d tried it, it was often lukewarm. 

    “I’d started to feel ill from the second day, but two days before the end of our trip, I ate a burger off an outdoor hot plate that formed part of the hotel’s outdoor catering facilities. It made me feel extremely ill and ultimately that night, I had to be taken to hospital and spent the night in hospital, on a morphine drip. 

    “I wasn’t able to enjoy the rest of our holiday at all, and felt ill the entire way home.  Two days after we returned to the UK, my wife and I discussed things and I decided to see if I was able to seek legal advice for my illness.  An online search revealed JMW Solicitors and I got in touch with them. 

    “I spoke to Jemma Goldstone and from the word go, she was absolutely brilliant.  All her correspondence to me throughout my claim was first class.  She was able to put both mine and my wife’s mind at rest whenever we had a question.  We were concerned we’d be charged, but Jemma’s letters explained everything, assuring us of the position and that there would be no up front costs. 

    “Jemma has guided us through every step of the case really well, in a way that felt very straightforward and made things easy to deal with.  She told me if I needed to fill in any forms, when I would need to go and be examined by an independent medical expert and made things very clear.  I was happy with how long it took her to settle my case for me, and she ultimately got me back the cost of the holiday and our spending money, with a little more besides.  I’m really happy with the service I had, and wouldn’t hesitate to recommend JMW and Jemma to anyone who’s found themselves suffering from the symptoms of food poisoning abroad thanks to the poor facilities offered by their hotel.”  

  • “I suffered a neck injury whilst a passenger on a bus.  I wasn’t considering making a claim initially, but then my partner noticed I was still in pain and suffering from some residual problems, so did a little online research, and found JMW Solicitors. 

    “I dealt with three solicitors at the firm, with Sam McElroy bringing my case to a conclusion.  It was a pleasure to deal with Sam.  He always kept me up to date, passed me on information over the phone, or via email, about where my case was up to.  I’d never have to call or chase him. 

    “Sam was very friendly and helpful.  It felt as though he genuinely tried hard for me, and Sam’s attitude was that he really wanted to help me get as much as possible, and push for me.  If ever I needed to make a decision, things were always explained well.  I knew what my options were in a situation and could easily make a choice. 

    “I was really happy with the settlement Sam got for me, and I’ve actually already recommended Sam and JMW to other friends who’ve needed help.  It was really good to deal with Sam, and my general overall experience was very satisfactory.”  

  • Raana has been totally professional and helpful

    Raana has been totally professional and helpful throughout my fifteen month compensation claim against the defendant.  I received regular updates on how my case was progressing and always felt that she was always available at the end of the phone or by email if I had any questions. My compensation amount was much higher than I anticipated and I was extremely happy with my award. I would not hesitate recommending the services of JMW Solicitors to friends, family and anyone else.

  • "Raana has always been responsive and sympathetic"

    "After suffering from a trip and fall injury I was put in contact with JMW Solicitors via one of the legal portal websites. I received very professional and courteous advice so I engaged them to handle my case.

    My solicitor at JMW, Raana Afsarpour, has been very effective at handling the case and I have felt very confident in JMW as a result of her attention. Although the case was quite challenging at times Raana has always been responsive and sympathetic.

    My case has now been successfully resolved and I am very pleased with the result.

    I would definitely recommend JMW Solicitors in the future."

     

  • Thank you very much

    "Thank you very much for your help in settlement of my claim. Please also send my regards and thanks to Angela. Your friendly and professional advice has been much appreciated. Wishing you all the best."

    Ms C

  • I would just like to thank you

    "I would just like to thank you for all your hard work in getting me a happy result. I know it's your job, but I appreciate it was potentially a tricky one to tackle, I didn't find any other solicitors prepared to take the challenge!"

    Ms C, Warwickshire

     

Child Brain Injury Claims in Depth

If your child has had an accident that has resulted in a brain injury, it is your right to make a claim. Doing so can help you pay for the treatment that will be necessary for their recovery, as well as provide support so they are able to live their life as they did before, or as close to it as possible.

Making a claim for compensation may not be at the forefront of your mind after a child has suffered a brain injury, however, it can help to improve your current situation so you can focus on looking after your child. To offer more insight into the importance of making a claim and the areas in which our solicitors can offer assistance, JMW and the Child Brain Injury Trust have produced a support booklet. You can download and read the booklet by clicking on this link. You can also read more about our partnership with CBIT here.

Broadly, our services include:

  • Arranging an early immediate needs assessment to ensure an appropriate rehabilitation/treatment package is in place for your child
  • Information on parents’ employment rights when taking time off work to look after a child
  • Advice on how to make a medical negligence or personal injury claim for compensation
  • Assistance in securing an interim payment, which will help to meet financial outlays, such as medical expenses and care support
  • A Court of Protection, Wills and Trusts team which is able to ensure secure provision of funds across your child’s lifetime
  • Financial advice, including benefits advice and support when it comes to planning for the future

Common Accident Scenarios

There are several common scenarios where an accident has resulted in a brain injury to a child. We have helped many families of children who have suffered a brain injury make a claim for the following types of accidents:

  • Road accidents
  • Accidents at school or nursery
  • Medical negligence before, during or after birth
  • Cycling accidents
  • Sporting accidents

Several contact sports, by their very nature, place participants at greater risk of injury, no matter how old the participant is. Rugby is considered to be one such sport that could place a child at risk of a brain injury, due to the nature and amount of physical contact in the sport. Our blog post on this topic provide further information on the risks rugby may pose your child as a contact sport, and some of the steps to take if you feel your child may have been affected if they’ve been injured whilst taking part in the sport.

How Child Brain Injury Affects a Family

We know how far-reaching the effects of a brain injury suffered by a child can be, and they can be particularly tough on close family members, such as siblings and parents. If the child has a young brother or sister, it can be especially difficult for them to understand and absorb what has happened, and to accept the big changes taking place in their lives.

Our educational storyboard, created in collaboration with the Child Brain Injury Trust, offers guidance to primary school children coming to terms with their brother or sister suffering a serious head injury, and the serious implications of such an event:

FAQs

  1. Why Should I Claim?

    Your concern at this stage will rightly be on your child’s recovery. However, pursuing a claim can help you access rehabilitation that may not be readily available on the NHS. We have access to a network of specialists who can aid your child’s recovery, including occupational therapists, neuropsychologists, neuro-therapists and support workers, whose intervention at an early stage can make a huge difference to your child’s recovery. By making a claim we can also secure further support for your family, such as funding travel expenses to see your child in hospital.

  2. When Should I Claim?

    It is always in your child’s best interest to pursue a claim as soon as possible, as it enables us to make sure that a wide support network of relevant medical and financial experts is easily accessible to both your child and family, which in turn will help with the recovery process. It also means we can get early access to evidence about your child’s accident gathered at the time of the incident, such as police reports, photographs of the accident scene or witness details.  Being able to access this evidence closer to the time of your child’s accident, can assist in strengthening your claim. 

    With that in mind, we would advise you to get in touch with us as soon as possible, However, a claim for an injury suffered by a child as a result of an accident can be pursued up until the child’s 21st birthday, giving you scope to decide when it is right for you and your family to make a claim.

  3. How Do I Choose a Solicitor With the Right Expertise?

    Child brain injury cases are complex, can carry on for many years and require a specific set of skills that will not be possessed by every solicitor. You should seek a firm that is approved by Headway or the Child Brain Injury Trust and you should also check the law firm’s profile in the Legal 500 or Chambers and Partners Guide to the Legal Profession. Inclusion on the Law Society Clinical Negligence Panel and the AvMA Panel will also demonstrate sufficient expertise and experience.

    Do not be afraid to ask your solicitor how many cases of this nature they have pursued and how much compensation they have gained for families in the past.

  4. How Does the Claims Process Work?

    While this varies depending on the individual circumstances of your child’s accident and precise nature of their injury, there are some common features in child brain injury cases. For example, working with an independent care expert, we are able to ensure that an immediate needs assessment is carried out on your child’s behalf, and put a care package in place so your child has access to necessary treatment as quickly as possible after you get in touch with us.

    In all cases, once the claims process is underway, we will contact the party responsible for your child’s accident (the defendant), and ask them to admit liability for your child’s accident.  They will be given a period of time to investigate events and consider whether or not they feel they are liable, before responding to us. 

    Depending on the circumstances of the accident and injuries, as well as the defendant’s position on liability, some cases may require substantial amounts of investigation and supporting evidence before they are in a position where your lawyer will suggest it is suitable for you to consider settling the case. We may also need to wait for your child to make their fullest recovery before settling the case, a process which may take some time and require additional support systems to be put in place.

    Your lawyer will make a full assessment of how the injury will affect your child throughout the rest of his or her life, and they will prepare a document known as a ‘schedule of loss’. As well as taking into account the pain and suffering your child has been caused by their injury, this document will consider all costs, including medical treatment, loss of earnings, future care, future therapies and accommodation requirements, expected to be incurred by your child throughout their life as a result of the injury and provides us with a basis from which to seek an appropriate settlement on behalf of your child. This will ultimately be submitted to the defendant, who will in turn prepare a counter schedule of loss, highlighting what they feel these areas are valued at.

    This will enable both sides to push forward with settling the case. Settlement may take place either by negotiation, a round table settlement meeting or assessment by the court. In any event, when dealing with a child or an individual who lacks capacity as a result of brain injury, the settlement must be finally approved by the courts, who usually appoint a deputy to manage matters on behalf of the injured person. Though a final settlement can take years to be reached, regular interim payments could be negotiated while your child’s recovery needs are established. These payments typically contribute to the cost of medical treatment and other needs your child may have as a result of the accident.

  5. How Long Does the Claim Take?

    Every case is different and its length will largely depend on how long it takes for a clear picture to emerge of how your child’s injuries will impact on their growth, development and their future capacity to work and support themselves. While cases could conceivably last for a number of years, negotiations can be brought to the defendant for your child to receive support and interim payments from an early stage of the process, so as to improve the family situation and ensure that the best possible care is received in the meantime.

Why Choose JMW?

Our team is vastly experienced in helping families deal with the fallout from an acquired brain injury. We work with injured children and their families sensitively and respectfully, helping them come to terms with the situation and understand the legal issues involved in this complex area of litigation.

We can arrange an immediate needs assessment, so the best available treatment package for the child can be put in place as soon as possible. We can also assist with swift access to specialist medical care, such as neuro-physiotherapists and speech and language therapists, as well as planning and implementing the child's rehabilitation including securing case managers.

Our team can also provide advice on employment issues and any time off work that parents may need to take in order to look after their child, as well as helping to pave the way for the child to integrate back into school.

Talk to Us

If your child has suffered a serious head injury, we can help you get the compensation you deserve and provide the guidance you need at such a difficult time. Simply call us on 0800 054 6078 or complete the online contact form and one of our team will call you back at a time convenient to you.



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