Child Brain Injury
Claims FAQs

The symptoms of brain injury are many and varied. How the injury affects someone depends on which part of the brain is injured and how severe the injury is. It also depends on the individual themselves. However, some of the more common symptoms are as follows:

• memory problems;
• fatigue;
• cognitive problems;
• behavioural problems;
• motivation problems;
• physical problems
• speech problems;
• motor function difficulties;
• paralysis;
• impaired social skills.

It may take many years for the effects of an injury to the adolescent brain to become fully apparent. If the brain is injured before the developmental milestones have been achieved, then it may not be until the brain has fully matured, and that we can fully appreciate the extent of any deficit that exists.

NewLaw Scotland LLP is proud to be the Child Brain Injury Trust’s Legal Support Service provider in Wales. As specialists in representing victims of brain injury, we understand the need to secure appropriate support in terms of education, development, care and treatment, to name just a few areas. Similarly the needs of the family are never forgotten or overlooked.

We can also advise on employment rights, wills and trusts and whether any welfare (benefits) entitlement is also available.

Importantly, this support does not depend upon the ability to claim compensation. NewLaw Scotland LLP is available to provide this assistance in all cases.

Click here for our leaflet on our Legal Support Service Wales. For more information, visit Child Brain Injury Legal Support Services or contact the charity’s Helpline on 0303 303 2248.

First and foremost, the best outcome includes obtaining the best financial settlement. However, on a wider scale claiming compensation will give your child access to the best rehabilitation providers and maximise their recovery following the accident. The NHS provides excellent care at the acute stage following an injury, but long term rehabilitation, especially in the community, can be lacking. Making a successful claim for compensation will mean funding is made available for a range of medical and educational experts input.

We will put together a programme of recommended rehabilitation to provide the injured child with the best opportunity of a full physical recovery and access to education to maximize their potential. We will also aim to provide a care package, overseen by a case manager, to allow the family to function as normally as possible in the circumstances.

We act for clients all around England, Wales and Scotland and our experienced solicitors will be happy to visit you at home or in hospital. We will discuss your case and try to ensure that what can be a confusing and daunting process is made as stress free and manageable as possible. Our dedicated Welfare Manager, who works with the NewLaw Serious Injury Team, is on hand at all times to assist with this process.

These claims may take many years to settle, as the full impact of the injury may not be obvious for some time. With this in mind, we aim to develop an excellent working relationship with you, as well as with the team of experts employed to support you. In that way, we aim to place the child and family at the centre of the decision making process.

As a general rule to make a claim for personal injury compensation in Scotland (as in England and Wales), you have 3 years from the date of the accident to pursue a claim. If the claim is not settled or Court Proceedings issued by the 3rd anniversary then your claim may be lost forever, or statute barred (out of time). There are, however, certain exceptions to this:

• In Scotland if the injured party is under the age of 16 at the time of the accident the 3 year time limit commences from the date the person turns 16, meaning a claim can be made until the age of 19. In England and Wales the age is 18 - meaning a claim can be made until the age of 21.
• If the person does not have the mental capacity either before or as a result of the accident, the 3 year time limit does not begin to run until they regain the capacity to bring a claim. Issues regarding capacity are complicated and we would be happy to speak to you in detail on this point.
• There are certain types of cases where a claimant may not be aware that they have suffered an illness or injury until some period of time later. For example, it may take more than 3 years for any symptoms to appear. In those types of situations, the time limit does not start to run until the date you are aware (or should have been aware) you have sustained an injury, such as being told about it by your doctor. As this is a complex subject, it is best to seek professional advice from your solicitor.
• If your case involves a claim under the Motor Insurers Bureau (MIB) Untraced Drivers Agreement, then you need to have the completed application form with the MIB by the third anniversary of the accident. However if your claim includes a claim for compensation for damage to property, then the application needs to be with the MIB within 9 months of the date of the accident, whether or not the claim includes personal injury as well.
• Injuries sustained as a result of a criminal act and where a claim is made to the Criminal Injuries Compensation Board (CICA claims), then a limitation period of 2 years applies. The same exceptions apply in relation to those under the age of 16 at the time of the injury and those lacking capacity. There may also be other exceptions where the consequence of the assault is not discovered until after the 2 year period has expired.
• Accidents that occur abroad will be the subject of a variety of different time limits, which can be as short as a year. The sooner you contact us the better, so we can identify the appropriate time limit and give you the best chance of successfully pursuing your claim.