Claiming Compensation for Cerebral Palsy

The Proof Needed to Make a Claim

For any medical negligence claim to be successful the injured peron or his representative needs to be able to demonstrate four things:

  1. That the person causing the injury had a duty of care to look after injured party
  2. That for some reason the person causing the injury somehow breached that duty of care through a negligent act.
  3. That the injury sustained was a direct result of the negligence - this is called causation.
  4. That there was a loss or injury sustained as a result of the chain of events.

To be successful a claimant must be able to demonstrate each of these four factors - there needs to be a solid chain of events that can be shown to have caused the injury.

Provided the four factors can be demonstrated it may be possible to make a claim for damages.

Damages

There are two partss to any damages claim:

  1. General Damages - this element of the damages is based on the tye of injury and is designed to compensate for pain and suffering and the impact on the claimant's enjoyment of life.
  2. Special Damages - this part of the damages is more variable and dependent on individual circumstances. A key part of the claim process involves establishing at what level special damages should be paid. The type of things that a claimant may be able to recover include:
  •  
    • Loss of earnings
    • Medical expenses
    • Expenses to cover services provided by other people
    • The cost of buying in care 
    • Expenses relating to the cost of living with any disability
    • Increased accommodation costs

Our specialist medical negligence solicitors are experts in cerebral pasly claims call us free on 0800 014 7482 or get in touch using the form at the top of the page and we will call you back.