CEREBRAL PALSY COMPENSATION

The payment of damages in a personal injury claim is intended to put the recipient or claimant back into the position that they would have been in had the negligent act which caused the injury not occurred. Sadly this is simply not possible in the case of this particular injury as nothing can put right or adequately compensate for the irreversible injury that has been caused to the brain however what it can do is to ease the burden of the problems that have resulted to the victim. Damages can range from a relatively modest sum for those with a minor physical disability to several millions of pounds for those suffering from serious physical or mental disability. The amount awarded depends not only on the pain and suffering experienced by the victim but is also intended to cover the ongoing cost of expenses and care, where appropriate, incurred in the past as well as for the future.

For the sake of expedience any damages that are payable are divided into two categories by lawyers that are known as general damages and special damages however for the victims and their families it does not really matter much what they are called or how they are categorised. Included in the cerebral palsy compensation award are payments for pain and suffering including emotional injury, financial losses from the past, present and future as well as expenses incurred for treatment and care. In general, all losses considered to be predictable and foreseeable can be included. Aside from these, any care provided free by the parent or other family member can be compensated based on an hourly rate basis.

General damages refers to losses that are not easily quantifiable and require full or partial assessment which includes :-

• pain and suffering resulting from the injury
• loss of ability to be physically normal and functional
• continuing discomfort and pain
• financial losses resulting from the inability to be gainfully employed
• losses from the change in lifestyle due to the limitations set by the injury

Special damages are defined as losses that can be quantified and accurately calculated and may include :-

• income loss
• cost of care
• payment for free help usually provided by family members or friends
• medical expenses, which include prescription drugs
• financial losses from limited employment opportunities
• other expenses incurred due to the management of the injury

Depending on the decision of the court, payment of an award of cerebral palsy compensation may be either in the form of an immediate lump sum or as a staggered periodical payment usually on a monthly basis or as a combination of the two methods. The reasoning behind staggered payments relates to the impossibility of accurately establishing the victims life expectancy thereby making a lump sum payment unfair on one or other of those involved.

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.