Birth Injury Compensation Claims

Any sort of birth trauma or injury is hugely distressing. First4Lawyers is here to help you and your family through a difficult time.

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Birth injury claims

Childbirth is one of the most important milestones in a person’s life. When it goes wrong and someone is hurt, it can be utterly devastating. That’s why it’s possible to make a traumatic birth compensation claim for the medical negligence you’ve suffered.

A birth trauma could be an injury you or your loved one suffers while giving birth or it could be an injury to the baby being born.

This could be a less serious injury that requires minimal treatment or it could be the sort of injury that results in lifelong care being needed. Examples of childbirth injuries include:

  • 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 birth trauma can be. But we’re here to help you. We work with expert birth injury lawyers who could help you access any medical treatment or home modifications you need as part of your claim.

How do birth injury claims work?

If you think you have a claim, just get in touch with First4Lawyers. Our understanding and compassionate advisors will take some details from you and let you know whether we think you have a claim.

In cases where we think you have a claim, we’ll match you to one of our specialist solicitors. They will then take over the management of your claim. If we don’t think you have a claim, we’ll let you know what your options are and where you could go for more help.

Your solicitor will then discuss your claim with you and let you know if you do have a strong claim. If they think you do, they’ll then put a case together. This will compile evidence and expert assessments.

They will then present this to the other side. They will negotiate with them to get you the compensation you deserve for the trauma you’ve experienced.

If your baby was delivered by the NHS, a body called NHS Resolution will handle your claim. They have a separate budget to the NHS, so your claim will not directly affect the NHS’s finances. If you are claiming against a private healthcare provider, their insurer will be responsible for your compensation.

How much birth injury compensation could I receive?

The amount of compensation you could be entitled to will depend on the specific birth injury you or your child suffered. The severity of the injury and how long it is expected to last will have an impact on how much you could be awarded.

Our medical negligence claims calculator could give you an idea of what you might be entitled to in general damages.

But don’t forget that you are also entitled to special damages for a successful personal injury claim. These cover any financial impact the birth injury has had on you.

This could be a loss of earnings if you had to stop working. It could also cover any home or vehicle modifications or any mobility aids you or your child 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 medical negligence solicitors will usually be able to take on your birth injury claim on a No Win No Fee basis.

That leaves you free to focus on your recovery or helping your child feel better, rather than thinking about paying for legal action.

You also have nothing to pay if your claim is not successful. That means there is no financial risk involved in making a claim – while you could gain a more comfortable life for you or your child.

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 accident claim?

In most cases, you’ll have three years to make a compensation claim after a birth accident. It’s always advisable to begin your claim as soon as possible, though.

This is because you could find it easier to remember the details of what happened and it could be more straightforward to access certain pieces of evidence.

You may have longer than three years to begin your claim, though. This is allowed in cases where you didn’t realise that the negligence you suffered during childbirth caused the injury or illness you or your baby suffered.

In this situation, you will have three years from the date you were made aware of the cause to make a claim. But if you’re not sure about timeframes and whether you can still make a claim, just get in touch with the First4Lawyers team.

Why should I make a birth trauma claim?

If you have suffered from a birth injury, you might not be the only one. There have been several stories in the news about substandard care on maternity wards and the harm done to mothers and babies.

By making a claim, you could help a hospital realise that there is a problem. This could give them the chance to fix what’s wrong, which could then stop the same thing happening to others.

The birth injury compensation you could be awarded can also go a long way towards helping your recovery or making your child’s life more comfortable.

If you think you have a birth injury claim, just get in touch to find out how First4Lawyers and our expert solicitors could help you.

We understand the sensitivities around making claims like these. That’s why we will never pressure you into doing anything. We’ll work entirely to your schedule and move at your pace.

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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