MEDICAL NEGLIGENCE

Calculating Compensation For Non-Fatal Birth Injuries To The Child

Author Trevor Ward Partner Solicitor, Head of Birth Injury Unit

Last Updated 9th July 2026

For Every Birth. For Every Baby. For Every Family.

As there are many different types of birth injuries, which can vary in severity and prognosis, the amount of compensation which is awarded can differ significantly.

What this guide covers:

Types of non-fatal birth injuries to the child
What is birth injury compensation in claims for non-fatal birth injuries to the child?
How is birth injury compensation calculated?
Calculating general damages
Calculating special damages
Other considerations when calculating birth injury compensation
Personal injury discount rate
Interest on general and special damages
Double recovery

Please note, this guide covers compensation for non-fatal birth injuries to the child.

If you have suffered an injury, or if you have lost your baby or a loved one, as a result of medical negligence during pregnancy, labour, delivery or shortly after birth, please see our other birth injury compensation guides below:

Calculating Compensation for Non-Fatal Birth Injuries to the Mother
Calculating Compensation for Fatal Birth Injuries

Types of non fatal birth injuries to the child

Non-fatal birth injuries to the child, can include:

Physical injuries, including bruising, cuts and fractures
Nerve injuries, including Bell’s palsy and Erb’s palsy
Brain injuries, including cerebral palsy
Hydrocephalus
Kernicterus (also known as bilirubin encephalopathy)
Neonatal hypoglycaemia
Group B streptococcal infection

*Please note that this is not an exhaustive list of all potential birth injuries. If you or child have suffered any other injury during pregnancy or birth, please contact our team of birth injury specialists to find out if you may have a claim.*

What is birth injury compensation?

Where a child has suffered a non-fatal birth injury, the purpose of compensation is to provide the child and their family members with the financial means to support every aspect of the child’s needs, often for the rest of their life.

The aim, therefore, is to secure the maximum amount of compensation, in order to give the child greatest chance of recovery and the best quality of life possible, in spite of their injury.

How is birth injury compensation calculated?

Determining the final compensation award in any birth injury claim requires a precise and thorough evaluation of both the immediate and long-term impact upon the child (‘the claimant’), and often their family as well.

General damages

In claims where a child has suffered a birth injury, general damages are awarded for the pain, suffering and loss of amenity (‘PSLA’) which the child has suffered, as a result of the negligence.

General damages will usually form only one part of the overall award of compensation.

Calculating general damages

When calculating general damages for PSLA, consideration will be given to the type, severity and duration of the injury and the impact which it has had upon the child. Where a child has suffered more than one type of injury, the amount of general damages awarded, will account for all of the child’s injuries and their impact.

Information will be gathered from the child’s medical records, any medical expert reports and witness statements which have been obtained to ascertain factors such as the level of pain and discomfort it has caused the child and the extent to which it has impacted and limited the child’s life.

However, solicitors and the court will also refer to the ‘Judicial College Guidelines’, which set out estimated compensation brackets, for the value of various different types of injuries. They provide helpful guidance for both solicitors and the court when determining the appropriate amount of compensation which is to be awarded for general damages.

For example, in cases of minor brain injuries, whereby the child has made a significant or full recovery, the estimated compensation bracket is currently £2,690 to £15,580. Whereas for very severe brain injuries, such as where the child has quadriplegic cerebral palsy, as well as severe cognitive and physical disabilities the estimated compensation bracket is currently £344,150 to £493,000.

Though, it is important to note that the guidelines are not fixed brackets, and they are only used as a starting point. The full circumstances of each individual case will always be carefully considered before reaching the final figure.

Special damages

In birth injury claims for the child, special damages are designed to reimburse the family for any actual ‘out of pocket’ expenses and financial losses, which they have incurred as a result of the negligence.

Special damages are split into two types: past losses and future losses.

Past losses are any ‘out of pocket’ expenses and financial losses which have already been incurred from the date of the injury up the date of settlement, or trial (whichever is earlier).
Future losses are any ‘out of pocket’ expenses and financial losses which are reasonably anticipated to be incurred in the future.

A birth injury compensation package will, therefore, include a comprehensive calculation of all past and future losses, arising from the child’s injury.

Depending on the severity of the injury, these may include the following:

Specialist therapies and rehabilitation
Any medical treatment and expenses not covered by the NHS
Educational support and specialist schooling
Specialist aids and equipment, such as wheelchairs and adapted vehicles
Accommodation and housing, whether this be adaptations made to your current home or more suitable alternative housing
Care and assistance, including professional carers
Case management and professional deputy costs
Travel expenses to and from medical or therapy appointments
Loss of earnings, including for yourself, should you have to give up work or reduce your hours to care for your child

Where a child has suffered a birth injury, special damages will usually form the largest portion of the compensation and in many severe cases, care and accommodation costs will account for the majority of the compensation package.

Calculating special damages

In any type of medical negligence claim, the aim of special damages is to put the claimant, or their family, in the same financial position that they would have been in, had the negligence not occurred.

As such, the law states that the claimant should not ‘benefit’ financially from the amount of compensation which they are awarded for special damages and therefore, the claimant will usually need to provide evidence in support of any special damages which they wish to claim for.

Past losses

Past losses can often be calculated using the child’s medical records and evidence such as receipts and invoices, which may show the costs of things such as specialist aids and equipment, private therapy sessions or adaptations which the child’s family has had to pay for, due to their injury.

In cases where a parent has had to take time off work, or reduce their hours, to care for their injured child, evidence may also include copies of the parents’ payslips, employment contracts and bank statements to calculate any loss of income.

This means it is very important to try and keep any evidence of ‘out of pocket’ expenses and financial losses which have been incurred since the date of your child’s injury, such as receipts, invoices, bank statements, payslips etc. Though we appreciate this may not always be possible.

Future losses

Calculating future losses is usually a much more complex process which requires a detailed understanding of the various medical and legal factors, particularly in cases where the child has suffered a severe birth injury.

In assessing future losses, there are a number of key factors which must be taken into account, including the type and severity of the injury, the child’s expected level of recovery and future life expectancy and the cost of any ongoing and future care. It is also necessary to consider the extent to which the child’s needs are likely change over time and the wider impact on the child’s family, whilst ensuring that any final compensation award accounts for inflation and economic changes.

It is, therefore, crucial to obtain input from various professionals, at different stages of the claim, in order to accurately calculate any future losses. For example, medical experts such as neurologists, radiologists and occupational therapists can provide an opinion as to the nature and likely duration of the child’s injury, as well as the need for future care, medical input or treatment. Whilst financial experts can assist with estimating future costs such as medical care, lost income and inflation.

In cases where the child will likely require lifelong care or support, it is also necessary to obtain evidence from a life expectancy expert to ascertain the child’s estimated life expectancy. This ensures that the final compensation award is sufficient to cover all of the child’s medical and care needs for the entirety of their lifetime.

Any evidence obtained such as medical and financial expert reports will then be used to support the amount of future losses being claimed.

When calculating future losses, such as care costs, specific methods will often be used, which take into account factors such as life expectancy, inflation, and economic changes, to assist in accurately determining the appropriate amount of compensation.

Other considerations when calculating birth injury compensation

Personal injury discount rate

For any compensation which is awarded for future losses and is to be paid in the form of a lump sum, a fixed rate percentage figure, known as the ‘discount rate’, will be applied to reach the final amount payable. For example, where a child has suffered a brain injury, they will likely require ongoing/future rehabilitation, so the discount rate will be applied to the amount which is awarded to cover any future rehabilitation costs.

For example, where a mother has suffered a psychiatric injury, she may require ongoing/future psychiatric therapy, so the discount rate will be applied to the amount which is awarded to cover any future therapy costs.

The discount rate is periodically reviewed by the government, in order to try and ensure that claimants are neither under nor over compensated. This means that the final compensation amount may either be reduced or increased, depending on the applicable discount rate at the time of settlement. In January 2025, the current discount rate was set at +0.5%, meaning resulting in a slight reduction to the final compensation amount which is awarded to claimants.

Interest on general and special damages

In non-fatal birth injury claims, interest can usually be claimed on both general and special damages.

On general damages, the interest rate is set by case law which entitles the claimant to a rate of 2% per year from either from the date of service of the claim form, or by specific agreement with the defendant, until the date of settlement or trial (whichever is earlier).

On special damages, the interest rate is set by the Court Funds Office and is subject to change. The calculation of interest on special damages can be complicated, depending on whether the claimant’s losses are ongoing or finished, at the time of settlement or trial.

Double recovery

In non-fatal birth injury claims, the claimant, or a family member, will often be in receipt of state benefits due to their injury. For example, a parent may receive Disability Living Allowance (‘DLA’), if their child has suffered an injury which means they now require additional care, attention or supervision.

However, there is a rule against ‘double recovery’, which means a claimant cannot claim both compensation and state benefits for the same injury. Therefore, any state benefits which the claimant, or their family member, has received as a result of their injury, will be known as a ‘recoverable benefit’. However, this does not apply to any benefits which are not associated with the claimant’s injury.

The Department for Work and Pensions operates a system for recovering these recoverable benefits from the defendant and therefore, the defendant may be entitled to deduct the same from part of the claimant’s final compensation award.

Though, recoverable benefits can only be deducted from certain types of losses e.g. care costs and providing they were received by the claimant in the five years following the date of their injury.

Get in touch today

Birth injuries, of any nature, can be distressing not only for the child’s mother, but for the whole family. Many parents are afraid to speak up after a traumatic birthing experience, especially if their baby seems to have recovered.

At Fletchers Solicitors, our experienced lawyers specialise in birth injury claims involving all types of injuries, and we’ve supported hundreds of families through complex cases, with empathy, care and compassion.

We are committed not only to achieving justice, but also to helping injured children and their families, navigate and rebuild their lives after a birth injury, ensuring the best possible outcome.

If think that you or your child have may have suffered an injury due to medical negligence during pregnancy, labour, delivery, please contact our team who will listen to your experience and give you a free, no obligation case assessment.