Birth Injury Compensation Claims

Birth injury or trauma has devastating impacts on many lives. First4Lawyers is here to help you get the compensation you deserve.

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Birth injury claims

One of the most important moments of a person’s life is giving birth. What happens, though, when it goes wrong?

Injuries caused during a birth can have devastating consequences. At First4Lawyers, we could help you claim compensation for the medical negligence you have suffered during childbirth.

What is a birth injury?

Birth traumas can include either an injury to yourself or your child during birth.

This could include more minor injuries, requiring less treatment. But it could also include injuries that require lifelong care.

You might need help with:

  • Brain damage to your baby
  • Bones broken during delivery
  • Cerebral palsy caused by a brain injury
  • Erb’s palsy
  • Fissures or tears to the mother
  • Infections after giving birth

We understand how distressing and traumatic birth injuries can be. That’s why we are here to help.

We work with experts in the field of birth injury law. They will deal with your claim and could help you get access to vital medical treatment, or home modifications you may need as part of the claim.

How do birth injury claims work?

The first step to take if you believe you have a claim is to contact us at First4Lawyers. Our compassionate and understanding advisors will first take some details from you, and then let you know whether we think you have a claim.

If we believe you do have a claim, then we will match you to one of our solicitors who specialise in birth injury claims.

Your specialist solicitor will then discuss your claim and let you know whether you have a strong claim. If they believe you do, then they will start putting the case together. This process consists of compiling evidence and expert assessments.

The evidence and assessments will then be presented to the healthcare provider’s legal team. This is when your specialist lawyers will negotiate with their legal team and get you the compensation you deserve.

Who will pay the birth injury compensation?

If your baby was delivered by the NHS, then a body called NHS Resolution will be responsible for paying compensation for a successful claim. NHS Resolution have a separate budget, therefore your claim against the NHS will not directly affect their finances.

If the responsible party is a private healthcare provider, it is their insurer that manages your birth injury compensation claim. All private healthcare providers have insurance in place to cover claims of medical negligence made against them.

How much birth injury compensation could I receive?

The amount of compensation you could be entitled to depends on the type of birth injury you or your child have suffered. The amount you receive can also depend on how severe the injury is, as well as how long the injury and its effects are going to last.

You can also use our medical negligence claims calculator to give you an indication of what you might be entitled to in general damages. These usually include the pain and suffering you have been through because of your injury, covering any changes you’ve had to make to your lifestyle.

Don’t forget that you are also entitled to special damages if your personal injury claim is successful. These cover the financial effect your injury has had on you, including a loss of earnings if you’ve had to stop working. It can also cover any modifications that are made to your home or vehicle, as well as any mobility aids you or your child may need.

Calculate your compensation in 4 easy steps...

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  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

Simply fill in our form below and we’ll call you back at a time to suit you.

Or talk to our team on:
0808 271 6198

There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

How can I pay for a birth injury claim?

In England and Wales, our specialist birth injury solicitors will usually be able to take on your birth injury claim on a No Win No Fee basis.

So rather than worrying about how you’re going to pay, you or your child can focus on recovery.

This means that if your claim is unsuccessful, you have nothing to pay. There is no financial risk involved in making the claim.

 

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 30% of the final compensation amount plus VAT for all road traffic accident claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

How long do I have to make a birth injury claim?

In most cases, you can make a compensation claim up to three years after your birth injury. We recommend making your birth injury claim as soon as you can.

We recommend this because you may find it easier to remember the details of your injury and access the evidence related to your case. This can lead to a better outcome for your claim.

If your child suffered an injury during childbirth, you can claim compensation at any point between until they turn 18. After that date, they then have up to three years to begin their claim for themselves.

But if your child’s mental capacity lacks the capacity to claim for themselves, then there may not be a deadline to begin your compensation claim.

If you or your child is unsure of the deadline or whether you can still make a claim, just get in contact with us at First4Lawyers.

Why should I make a birth injury claim?

By making a claim, you could raise awareness of catastrophic failures by a hospital, which could help to stop it happening again.

NHS Resolution's 2020/21 annual report showed that 11% of all claims made were pregnancy and childbirth related, and out of all compensation paid out, 59% was awarded to gynaecological claims.

Just this year there have been many public cases of birth injury caused by medical negligence. One example that made headlines is the Shrewsbury and Telford NHS Trust being responsible for many deaths and life-changing injuries to over 200 babies and mothers.

The compensation you could be awarded can contribute towards helping you recover and make your or your child’s life more comfortable.

If you believe that you have a birth injury claim, all you need to do is get in touch with us at First4Lawyers. Our expert solicitors are here to help.

We understand that making the first step in a birth injury claim can be filled with worry, so we will never pressure you into doing anything. We will work to your schedule, and at your pace.

If you think you could benefit from our help, just give us a call or start your claim online. You don’t have to go through this alone.

Why choose First4Lawyers?

Whether you want to make an accident and injury claim, or need a solicitor for personal or business law matters - our friendly team are here to help, 24/7.

Free initial consultation

Our fully trained legal advisors are happy to offer initial guidance and advice for free

No Win No Fee*

No Win No Fee solicitors - you don't pay a penny up front when making a claim

No pressure

We offer advice with no obligation.  We never cold-call or apply pressure to our customers

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