During any childbirth, there are certain minimums with regards to medical care and standards that the midwife and doctor should provide to the mother and the child. Failure to these minimums, there is a risk of the child suffering from birth injuries, which are devastating and can be life altering as well. Moreover, these injuries not only affect the child but also the entire family. As such, you are entitled to make a claim for compensation.
We appreciate the predicament that families face when childbirth injuries arise. Importantly, we have dedicated ourselves to helping families get fair compensation for the injuries. This has made us experts in this category of law and, consequently, we now represent the largest number of clients seeking childbirth injury compensation.
Aside from being passionate about representing our clients, our solicitors are also very experienced in their work. We work hard to get you the rehabilitation and support that you deserve in any case you may have, including cases where fatality is involved.
Owing to our specialization in these kinds of cases, we are one of only a handful of legal aids who can take certain cases. Importantly, we offer our services in a No Win No Fee* basis.
Understanding Birth Injury Claims
What Happens When You Make A Claim
When you contact us, the first thing we do is to schedule a free initial consulting meeting. During the consultation, we will discuss your case and advise you on whether you have a case or not. Furthermore, we will discuss the possibility of a No Win No Fee Agreement*
Thereafter, we will contact the respondent and see if they take responsibility and accept the blame for injuries incurred. Where they accept responsibility, we make a point of seeking interim compensation payment, which you can use to fund any medical care that the mother, the child or both may need, before the final payment is made. Do note that this payment will be deducted from the final settlement.
Going forward, our expert review and investigate your case in details. We gather evidence using reputable independent professionals. The professionals we consult will advise us on the treatment and care that the mother and the child should have been given. Furthermore, they advise us on the care the mother and the child should get moving forward.
With regards to negotiations, we make deliberate efforts to negotiation out of courts to keep the process as succinct as possible. However, in the event that the respondent does not take responsibility or offers a compensation that we deem as not enough, we may start court proceedings.
You should note that even with a trial date set, there are chances of the case being settled out of court. However, when the case does indeed go to trial, we are there to help and guide you the process.
What About The No Win No Fee Agreement?
Many of our clients use the No Win No Fee agreement to make a claim. This is to mean that there is a no financial risk* involved on the client’s part when making a claim.
As mentioned above, during the consultation meeting, we will discuss the No Win No Fee agreement and explore other financing modalities that work best for you. For instance, we will explore whether you have legal expenses insurance (LEI) or you can use a trade union policy to finance the claim. Many household insurance policies have LEI as part of the policy and in many cases, it is the best financing option.
However, if we think that the No Win No Fee agreement is a better option for you, we will propose it to you. Importantly, we will clearly explain every aspect of the agreement. It involves setting up an insurance policy at no cost to you. You will only have to pay when you are successful in making your claim.
For more information, please visit our No Win No Fee page.
The Time Limits For Making A Claim
Typically, you have three years for you to make a compensation claim, starting from the time the injury happened (or the time you became aware that your injury was due to negligence). When making a claim for a child, there is no time limit until they become 18 years. After their 18th birthday, the child will have a time limit of 3 years to make a claim.
When the claim involves severe mental difficulties emanating from the injuries, there is no time limit. For instance, cases involving cerebral palsy. Even when you did not make a claim within the require timelines, you are still eligible to make a claim. Just consult with to one of the solicitors to understand the matter better.
How About Legal Aid Cases
With regards to legal aid for clinical negligence cases, they are restricted to serious neurological birth injuries such as cerebral palsy (which arose within 8 weeks of child’s birth).
We are proud that we are one of the very few law firms that assist clients with legal aid due to medical negligence. For you to qualify there has to be enough reason for an investigation to be conducted and there is also a means test.
When you qualify, you will receive funding for the initial investigations. Thereafter, you will receive legal aid funding for full representation (if we take your case). Our lawyers will take you through the various funding options available.