I have cerebral palsy - Am I too old or too young to make a cerebral palsy claim?

When negligent maternity or neonatal care leaves a child with cerebral palsy, the right to claim compensation for their injury belongs to the child.

Growing public awareness of patients’ rights to claim for birth injury compensation means that it’s now increasingly common for claims for brain-injured children to be made in the child’s early years, by the parents on behalf of the child. Until recently, however, it was less common for families to make claims in the child’s early years, leaving some injured teenagers with a confusing dilemma: am I too old or too young to make my own claim?

Boyes Turner’s cerebral palsy and birth injury solicitors have worked with countless teenagers and young people under the age of 18 in successful compensation claims. We welcome enquiries from young people with cerebral palsy and birth injury disability who are considering investigating a birth injury medical negligence claim, and are highly experienced in guiding them and their families through the claims process.   

I’m a teenager with cerebral palsy disability – can I make my own claim for compensation?

We are often approached by, or on behalf of, mentally capable teenagers with severe physical disability. We are struck by the stoicism and strength of character in these young people who acknowledge the tremendous support they’ve received from their parents throughout their childhood but now have questions of their own about the cause of their disability. 

Having come through childhood with help from supportive parents, teenagers with cerebral palsy and other severe physical disability start considering how they will manage the next stage in their lives, such as living away from home, studying at college or university, socialising as an adult or finding accessible work. The seemingly insurmountable challenge of transitioning from childhood to adulthood and independence often marks the turning point at which they decide, independently from their parents, that they want to investigate the cause of their own disability and claim compensation. But can they? And if so, how?

The good news is that teenagers are neither too old nor too young to make a claim for their own severe birth injuries, but where they are under 18, special rules and procedures may apply.

Can I make my own cerebral palsy claim if I am under 18?

Young people under the age of 18 are regarded as minors by the court and cannot issue proceedings in a claim for themselves but they can do so with the help of a ‘litigation friend’.  Litigation friends are also used to support adults and young people who lack the mental capacity to manage their case. In most cases, the young person’s litigation friend will be a parent or guardian, a family member or friend, or a solicitor or Court of Protection deputy who has been formally appointed by the court.

The court requires the litigation friend to be someone who is suitable to represent the young person and whose interests do not conflict with the person they are representing, so that they can make fair and competent decisions about the case on their behalf. The court must remain satisfied that the litigation friend is performing their duties properly and can replace the litigation friend if necessary.

As solicitors, we liaise with the litigation friend, and advise them and ‘take their instructions’ on important decisions whilst ensuring that our young client’s best interests are protected at all times.

Once the claimant reaches the age of 18 and is capable of managing their own affairs, the litigation friend’s appointment ends. We notify the court and everyone involved in the case that the claimant is now 18 and that the litigation friend no longer acts on their behalf, and advise on how all communication should take place in future.  

Is there a time limit for starting a cerebral palsy claim?

Generally, in medical negligence claims, a claim must be issued with the court within three years from the date of the injury. If the injury is suffered by a child, their three years begin to run from their 18th birthday, when they become an adult, so their limitation deadline expires on their 21st birthday.

There are exceptions to this rule, notably for those who are mentally incapable of managing their affairs, but also in other exceptional circumstances. If you are considering making a claim for severe, life-changing injury and disability, we recommend that you contact us as soon as possible so that we can advise about the time limits that apply to your individual circumstances.  

Will my cerebral palsy claim interfere with my life?

As a teenager, you may be busy with school, college or university or be studying for exams and not have time to be closely involved with your claim. You may prefer to limit your involvement to key stages in the claim, such as settlement discussions, or not wish to take part in everyday communications as the claim progresses, and that is okay. Your litigation friend’s role is make necessary decisions throughout the claim, acting on your behalf and in your best interests. We can work closely with them to achieve the best outcome possible for you and your future, while you focus on everyday life.

There will be times, however, when we will need you to attend medical or expert assessments. We also encourage our clients to update us regularly about their current medical condition, changes in circumstances and any expenses they incur relating to their injury.

We understand that life goes on outside the litigation process, and our clients face wider difficulties on a day-to-day basis which means it is not as easy to provide regular updates as it sounds. Our approach is to guide our clients sensitively through the claims process in a way that takes as much of the stress involved in the legal claim off their shoulders as possible. This means that our team will always work to fit around your schedule and communication preferences, and are happy to answer any questions that you have at any stage of the process.

What kind of support from others might I need for my cerebral palsy claim to succeed?

Medical Records

If you have suffered an injury at birth, our investigations will require us to have access to your mother’s medical records in addition to your own. In this situation, we will need your mother’s permission to apply for her obstetric records.

Witness statements

Witness statements are vital in any claim for an injury caused by clinical negligence. As well as your own account, we will usually ask your parents or other primary carers to support the claim with their own recollections of the events that led to your injury and to provide evidence of past costs and gratuitous care they have provided for you in relation to your disability.

How can I protect my privacy and my compensation after my cerebral palsy claim?

Following settlement, we understand that our clients sometimes worry about how their privacy and compensation will be protected. At Boyes Turner, we are specialists in handling maximum value compensation claims for seriously injured and vulnerable clients and work closely with the courts and the Court of Protection to protect our clients’ anonymity and financial security.

Read more about how we help our clients manage their compensation and protect their privacy.

How can a cerebral palsy claim make living with disability easier?

We work with our client, their family and our trusted experts to understand the additional needs that the injured young person will have throughout their life as a result of their disability. This means that we can make sure that the claim, and compensation from interim payments, lump sums and lifelong, annual ‘periodical payments’ (PPOs) that are obtained make proper provision for various needs and types of support which can make a big difference to our client’s life on a daily basis.

This may include funds for specific purposes such as:

• care and support with everyday tasks and activities;
• case management to help coordinate therapies, manage carers, and provide support with moving home and maintaining independence, sourcing specialist equipment and securing access to other necessary services;
• aids and equipment to assist with independence and mobility, such as specialist vehicles, wheelchairs, specialist furniture and household equipment and assistive technology;
• medical treatment and therapies, such as physiotherapy, occupational therapy, speech and language therapy;
• support with special educational or vocational needs;
• home adaptations or a move to a suitable, accessible home with space for carers, specialist equipment and vehicles;
• compensation for financial loss, such as loss of earnings and pension;
• costs of Court of Protection deputyship if needed to help manage your financial affairs.

Boyes Turner’s cerebral palsy claims solicitors are committed to helping severely injured people access their legal entitlement to compensation to regain their mobility, independence and quality of life, to whatever degree that is possible for each individual. We support brain-injured and severely disabled clients of all ages and their families through the claims process with compassion and professionalism. Our specialist lawyers are nationally acclaimed for their expertise and are highly rated by their clients for their approachable, friendly and focussed support. Our track record of successful claims speaks for itself.

If your child has cerebral palsy or neurological disability as a result of medical negligence, or you have been contacted by HSSIB/MNSI or NHS Resolution, you can talk to a solicitor, free and confidentially, for advice about how to respond or make a claim by contacting us