ADULT WITH CEREBRAL PALSY

Most cerebral palsy claims for compensation are started by parents on behalf of their infant child. There are a substantial number of cases of an adult with cerebral palsy whose parents did not make a claim on their child’s behalf however in many cases it is still possible to make a claim on behalf of the victim notwithstanding the passage of time. In most cases the parents of these children tried to shield them from the rigors of the outside world or in a few cases because they did not realise that it was possible to make a claim at no cost as all injured children qualify for Legal Aid with no parental contribution. As a result of this, the former child victim may only hear about the potential for making a compensation claim when they become adults or in the case of those with a severe mental handicap when it is brought to the attention of a carer. In this context it is worth noting that claims have been successful for adults in their thirties who have received millions of pounds in compensation. There is no reason why even older victims should not be successful provided that it is possible to recover their full medical records and that they can overcome any issues outlined in the Limitation Act of 1980.

The Limitation Act 1980 indicates that an adult of sound mind is subject to a general limitation period of three years which means that a claim will no longer be considered once the limitation period has expired however, there are a number of instances when the limitation period can be extended :-

• If the person making the claim is an adult with cerebral palsy and is considered to be mentally disabled then the limitation period can only begin to run once that person has returned to full mental ability or capacity. In the case of an adult with cerebral palsy who is mentally disabled, the return to full mental ability is highly unlikely thus allowing an adult to make compensation claims at any time in their lives even after the primary limitation period of three years has long expired.
• If an individual under 18 years of age is involved, even if that person has full mental capacity, the limitation period of three years will only begin to run when they turn 18. A compensation claim for a person of full mental capacity must therefore be issued in a court of law before that person reaches 21 years of age.
• There are a number of other complex legal situations where the three year period can be extended and in these situations advice on a compensation claim for an adult with cerebral palsy should only be obtained from a specialist lawyer with extensive knowledge on this particular topic.

Having cerebral palsy affects almost every aspect of a person’s life. Winning a compensation claim does resolve the issues but it can ease part of the burden. There is no need to worry about the cost of legal proceedings for a cerebral palsy medical negligence claim, as a child sufferer or an adult with mental disability will qualify for Legal Aid without any financial contributions.

This website is for information only and does not contain medical or legal advice which should only be obtained from a qualified professional person. This website does not recommend any individual medical or legal professionals and does not refer matters on to any medical or legal professionals. None of the information here is intended as an endorsement for any person, association or firm.