UK CEREBRAL PALSY CLAIM - VALUING COMPENSATION?

The amount awarded in a cerebral palsy claim depends on many different factors including the financial losses experienced in the past, the extent of the disability, the pain and suffering continuing on a daily basis and the extent of care required for the future. Working out how much compensation may be due is never an easy task. The financial loss that has been experienced in the past or is likely in the future must be taken into consideration alongside the emotional, physical and psychological strains that inevitable apply to anyone suffering from this unpleasant condition.

It is not at all unusual for a cerebral palsy claim to be valued at several million pounds and in very severe cases the amount awarded can exceed ten million pounds. Lawyers tend to separate out the different types of damages into several convenient categories :-

• General Damages represent compensation for items that are difficult to calculate exactly and require a degree of assessment by a Judge. Included in this category is pain and suffering including the value of emotional stress and psychological pain. Judges assess the value of these items in a cerebral palsy claim by calling upon their previous experience after consideration of government guidelines and previously decided cases and after listening to representations made by both sides’ legal representatives. There are many items which come into this category and every individual case needs considering in detail to establish the overall value of general damages.

• Special Damages represent compensation for loss that can be calculated exactly. This category includes expenses that have already been incurred including the cost of care and special equipment and loss of potential income. It is often possible to prove these items by reference to documentary evidence including bills and receipts and for this reason all paperwork should be retained by those intending to make a compensation claim in the future.

• Interest will be added in a cerebral palsy claim not only on expenditure that has already been incurred but also to the value of general damages including pain and suffering from the past. The interest rules are complex and your solicitor will explain then upon enquiry.

• Provisional damages represent compensation that is provided on a provisional basis. This means that the judge may award compensation but may also allow you to return to court for further assessment in the future. In this way compensation can be more carefully monitored and fairly awarded. In these cases you must remember that you only get one chance to come back to court so the timing of the re assessment must be carefully considered. Our experts can provide you with the proper advice as to when to return to court in these cases.

This area of law is complex and it’s important that you seek legal advice from a specialist who has proven expertise in medical negligence law. Our solicitors usually work using legal aid which is available for almost all children which means that you will be fully protected from any legal costs even if your case is not successful. If you require free legal advice please complete the online contact form or use the helpline and one of our experienced solicitors will be available to further discuss your case.