Brain injury at birth compensation claims

If mistakes in your pregnancy, labour or delivery caused your child’s brain injury, you may be entitled to make a claim. Our specialist birth injury team will guide you through every step with care and clarity.

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Author

Trevor Ward

Partner Solicitor, Head of Birth Injury Unit

Reviewer

Denise Stephens

Partner, Head of Birth Injury

Last Updated

15th July 2026

Can I make a brain injury at birth compensation claim?

A claim can be made when a baby’s brain injury was caused by medical negligence during pregnancy, labour or delivery. A brain injury at birth can have a significant impact on your child’s development and on your whole family’s life, affecting everything from mobility and learning to their future independence.

If medical professionals didn’t act in line with accepted standards, didn’t respond quickly enough, or failed to spot and manage risks, there may have been negligence involved. Negligence in brain injury at birth cases might include situations where a baby does not get enough oxygen during labour, delays in carrying out a caesarean section, the incorrect use of forceps or ventouse, infections such as Group B strep not being monitored or treated, or conditions like preeclampsia or gestational diabetes not being managed properly.

Sometimes it’s not immediately clear whether negligence was involved. If you’re unsure, that’s completely understandable – speaking to a specialist solicitor is the best way to find out. We’ll review your situation honestly and tell you whether you have a case.

Example of a brain injury at birth claim

For example, a baby shows signs of distress during labour, but staff do not monitor the foetal heart rate correctly. The delay in recognising the problem might mean the delivery is not carried out quickly enough, and the baby is deprived of oxygen. In this situation, the injury may have been avoidable with appropriate monitoring and timely action, meaning there could be grounds for a claim.

Common brain injury at birth claims we support

Expertise you can trust

9/10 clients would recommend us
AVMA Panel Members
Securing interim payments to ensure early access to support

What compensation can help with

Adult hand holding tiny hand of baby with patterned blanket in background

Recovering lost income and covering future care.

We know that financial worries can add to what is already an overwhelming time. Compensation is not just about money, it is about making sure your child has the care, equipment and support they need as they grow. It can ease some of the pressure on your family and help you feel more secure about the future.

A successful brain injury at birth compensation claims may help fund:

Specialist physiotherapy
Ongoing rehabilitation
Speech and language therapy
Assistive equipment
Home adaptations
Additional care and support
Loss of earnings for parents and carers
Educational support and specialist schooling costs

Every child’s situation is different, so compensation varies depending on how the injury affects their daily life and future independence. When a brain injury leads to lifelong care needs, settlements can be substantial to make sure your child has the right support in place for the years ahead.

Understanding the potential value

In one case we handled, a baby suffered a hypoxic brain injury after signs of distress during labour were missed and delivery was delayed. He was left with lifelong disabilities requiring round-the-clock care. The hospital accepted the injury was avoidable, and the case was settled for over £4 million, ensuring he could live in an adapted home with the specialist equipment, therapies and care he will need throughout his life.

Understanding interim payments

We understand that caring for a child with a brain injury can bring unexpected costs long before a claim is resolved. While every case is different, compensation is designed to make sure your child can access the therapies, equipment and specialist care they need as early as possible. It can also help ease some of the daytoday financial pressure on your family while you focus on your child’s wellbeing.

Specialist brain injury at birth solicitors

We’ve guided many families through complex birth injury claims.

Why choose Fletchers for your brain injury at birth claim?

For many families, compensation is important. First, it’s a recognition of what they’ve been through. Second, they get the assurance that their child will receive the lifelong support and care they need. Our specialist brain injury at birth solicitors have extensive experience supporting families through complex birth injury cases with care, expertise and a deep understanding of what you are going through.

Expertise you can rely on

Specialist clinical negligence and birth injury solicitors
Members of the Law Society Clinical Negligence Panel
Recognised in leading legal directories such as Chambers and Partners and The Legal 500
Strong track record of securing highvalue settlements for complex birth injury cases
Access to some of the country’s most credible independent medical experts
Rated excellent on Trustpilot by the clients we’ve supported
No win no fee, so you can pursue your claim without financial risk

You're not alone

We’ve supported many families facing the same uncertainty.

Learning that your child has suffered a brain injury at birth can turn your world upside down. In the weeks and months that follow, families often face an overwhelming mix of grief and worry with unanswered questions about the future. We also know the financial reality, as the cost of specialist care, therapies, equipment and home adaptations can be significant.

Although it is not possible to reverse a brain injury, getting the right support from the offset is hugely important. Securing brain injury at birth compensation ensures you are able to access the support you need to manage the wider impacts of the injury over time. Families can have support and adaptions put in place, and there is scope for future proofing in accordance with the child’s developmental needs.

What we will do for you is listen, explain things clearly, and take on the hard work so you can focus on your child. We will handle the legal complexity, keep you informed at every stage, and work to secure compensation that reflects the true impact of what has happened, so your child can access the care and support they deserve.

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FAQs about brain injury at birth claims

What if I'm not sure negligence occurred?

Many families come to us uncertain whether medical negligence was involved – and that uncertainty is completely normal. The best way to find out is to speak with a specialist medical negligence solicitor. If we think there may be a case, we will review your situation, obtain your child’s medical records, gather witness statements and work with independent medical experts to build the evidence. We offer free initial advice, so you can find out where you stand without any commitment or cost.

How long will my brain injury at birth claim take?

Birth injury compensation claims are complex medical negligence cases, and timescales vary depending on the specific circumstances. When you get in touch, we will give you a realistic indication of how long your case may take based on your individual situation.

We will keep you updated throughout and make sure you always know what is happening and what comes next.

How long do I have to make a claim?

The time limits for brain injury at birth claims are different from standard personal injury cases. Under the Limitation Act 1980, you can make a claim on your child’s behalf at any point up to their 18th birthday. Once your child turns 18, they have until the age of 21 to pursue a claim themselves. If your child does not have mental capacity at 18, the three-year time limit does not begin to run unless and until mental capacity is regained. We strongly recommend seeking legal advice on time limits as early as possible, as the rules can be complex.

Can compensation cover therapy and long-term care?

Yes. Special damages in your compensation settlement can cover therapy, long-term care costs and related expenses for your child. This includes physiotherapy, occupational therapy, speech and language therapy, psychological support, specialist equipment, home adaptations and ongoing care needs. Your solicitor will work through all of these elements carefully to make sure the claim reflects your child’s full, lifelong needs.

Will making a claim affect my child's medical care?

No. Making a brain injury at birth compensation claim will not affect the quality or availability of your child’s medical care. Your child’s clinical care is entirely separate from any legal proceedings.

What types of brain injury can occur at birth?

There are several types of brain injury that can occur at or around birth, including:

Cerebral palsy – a lifelong condition affecting movement, muscle tone and posture.
Hypoxic-ischemic encephalopathy (HIE) – brain damage caused by a lack of oxygen to the brain during labour and delivery, which can also lead to cerebral palsy.
Periventricular leukomalacia (PVL) – a brain injury that primarily affects premature babies and can lead to cerebral palsy, learning disabilities and seizures.

If your child has been given a different diagnosis, this does not mean a claim cannot be pursued. Speak to our team and we will advise you on your options.

How much does it cost to make a claim?

Fletchers works on a No Win, No Fee basis – formally known as a conditional fee arrangement.

This means you do not need any upfront funds to work with us. If your claim is unsuccessful, you will not pay us anything for our work. We believe everyone should be able to access expert legal support when they need it most, regardless of their financial situation.