Help During the Process of Making a Claim

We have a 6 year old client with cerebral palsy.  He is a bundle of energy and can’t sit still.  His attention span is between 20 seconds and 1 minute.  It is still too early to know what his condition will be like as an adult, so the claim can’t be finalised.

He has 2 brothers, and shares bunk beds with the elder one.  Our client still wears nappies and needs to be changed through the night.  His brother is doing well at school despite never having had a full night’s sleep.  As our client grows older, he is becoming stronger and more aggressive as a result of his brain injury.  He is a risk to his brothers, his parents and his teachers.

The family have a 2 bedroom rented flat.  If grandparents visit to help, they sleep on the settee.  The stairs have no rail and our client has a fall every week.  There is a two foot concrete step out into the back garden and our client can open the front door which leads onto the road.  There are always 2 dustbins of dirty washing in the small kitchen.  There is no room for homework, for friends or for therapy and everyone is exhausted.

Liability for our client’s cerebral palsy has been admitted.  There was a delay in delivery which caused an asphyxial injury to his brain.

This summer an application will be made to provide enough money to buy and adapt a house which is safe and which gives enough room for normal life.  There will be enough money for an initial programme of behavioural therapy, and a range of other interventions.

Even if it is too early to finalise a damages claim, it is not too early for the legal process to alter the life of an injured person and their family.  An injured Claimant is entitled to an interim payment of damages as soon as it is clear that negligence will be proved – there is no need to have to wait until the end of the case.

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