International compensation claims for cerebral palsy and child brain injury

When negligent maternity or neonatal care in England or Wales causes a child to suffer permanent disability, they have a right under English law to claim compensation. The same rights apply where the child was injured by negligent care abroad under English jurisdiction, such as an MOD military hospital. Their right to claim is not affected by where they live or their nationality.

Where the child and their family later move to another country, this may affect the amount of compensation that can be claimed.

Claims of maximum severity arising from cerebral palsy or neonatal brain injury need specialist solicitors to achieve the best outcome for the child. In an international claim, the child’s specialist cerebral palsy lawyer must also understand the legal, practical and financial complexities needed to succeed in an international cerebral palsy claim. Their solicitors must also be able to protect their interests under the laws which govern the country where the injury occurred and the country where the child and their family now live.

Why use us for your child’s international cerebral palsy or neonatal brain injury claim?

Our cerebral palsy lawyers are experts in recovering full compensation for children with severe disability from cerebral palsy and birth or neonatal brain injury. We are also experienced in pursuing claims for severely disabled clients who were injured in England or Wales but now live abroad.

We have recovered compensation for seriously injured clients in claims involving residency in the USA, Canada, Australia, New Zealand and elsewhere.

Why do international cerebral palsy claims need specialist solicitors?

Birth and neonatal brain injury compensation claims always require specialist handling but become increasingly complex when the child and their family have moved to another country. The child’s injury and the cost of meeting their lifelong needs will be affected by the local laws, regulations and practices in their country of residence. 

Each new area of complexity can be a potential pitfall for the inexperienced lawyer, resulting in loss to the injured client. It takes specialist knowledge and experience to overcome the challenges of an international claim and achieve the best outcome and most suitable settlement for the child.

Differences which often feature in international claims include:

  • the law of the country which governs the claim (also known as the jurisdiction); 
  • time deadlines for claims;
  • the rules relating to medical records and experts’ reports;
  • the claims process; 
  • the method of valuing a claim.

In some cases, the child’s claim may be affected if their new country of residence has differences in: 

  • quality, availability and cost of healthcare;
  • quality, availability and cost of therapies, such as physiotherapy or OT;
  • regulations relating to carers, such as manual handling regulations;
  • availability and cost of specialist equipment;
  • quality, availability and cost of meeting special educational needs;
  • the employment market;
  • calculation or matters affecting life expectation;
  • financial issues, such as currency exchange costs, taxation and disability and other state funded benefits;
  • ways of managing, investing and protecting compensation funds.

Who can we help with an international compensation claim?

Boyes Turner’s cerebral palsy lawyers help children with brain injuries from maternity or neonatal negligence claim their entitlement to compensation. Most of our client families are British or foreign nationals whose child suffered their injury in England or Wales and live in the UK.

We also act for severely disabled children whose brain injury was caused by maternity or neonatal mistakes in England or Wales, and who now live outside the UK.

Where the child’s injury took place abroad, but they now live in the UK, we can provide specialist valuation of the claim, based on the costs of meeting the child’s lifelong needs in the UK.

What compensation can I claim for my child’s brain injury?

Each child’s compensation depends on their injury, the way it affects them and their resulting needs. In an international claim, the law of the country which governs the claim will also affect how much can be claimed. As in all complex claims, the child is more likely to recover their full entitlement to compensation if represented by specialist, experienced lawyers.

We have helped children with cerebral palsy and other neurodevelopmental disability claim compensation for:

  • pain, suffering and disability;
  • care and case management;
  • extra costs of suitable accommodation;
  • loss of earnings;
  • specialist equipment and aids; 
  • medical treatment and healthcare costs;
  • therapies, including:
    • physiotherapy (also known as physical therapy);
    • OT or occupational therapy;
    • SALT or speech and language therapy;
    • hydrotherapy;
  • IT and assistive technology;
  • travel costs and adapted vehicles;
  • special education;
  • Court of Protection deputyship, trusteeship and other financial costs arising from the child’s injury and compensation.

Recent cases

  • $23 million compensation for a New York resident child with cerebral palsy from kernicterus brain damage suffered in the UK;
  • $20+ million settlement in an international cerebral palsy claim for an overseas resident whose brain was injured as a result of negligent maternity care at a London hospital;
  • £13 million settlement in a claim for a client with permanent neurological disability from NHS maternity care, complicated by temporary relocation to Australia.
  • Multi million dollar settlement for claimant residing abroad with cerebral palsy from birth injury at London hospital.

 

I try to assist lawyers by explaining, in clear and comprehensible terms, what the relevant issues are and where the strengths and weaknesses of the case lie.

DR PETER DEAR

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