Child brain injury claims

When a child suffers a brain injury caused by avoidable mistakes in medical care, it turns family life upside down. If you believe medical professionals failed your child, you may be entitled to make a claim. Our specialist child brain injury solicitors support families across the UK to secure the compensation they deserve.

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Author

Sumit Morjaria

Senior Associate

Last Updated

16th July 2026

Can I make a child brain injury claim?

You may be able to make a child brain injury claim if avoidable mistakes in medical care caused your child’s injury. This might include care provided by the NHS or a private hospital, a GP, midwife, health visitor, or any other healthcare professional. Child brain injury claims through medical negligence refer to instances where care fell below an acceptable standard and caused preventable harm.

Medical negligence can lead to a child’s brain injury at different stages, during pregnancy, birth, early infancy, or childhood. In some cases, the injury may be linked to a delay in diagnosis, a failure to monitor a seriously unwell child, or mistakes during emergency treatment.

If your family is in this position – we can help you. We’ll firstly need to assess if your child brain injury claim is valid, and we’ll need to prove two things in this case. Firstly, that the medical care your child received fell below a reasonable standard, and secondly, that this failing caused or contributed to your child’s brain injury. We’ll review the evidence, get opinions from independent medical experts, and explain your options clearly.

It’s natural to feel unsure and to have lots of questions. We can help guide you through this process and understand the options available to you. There’s no obligation to proceed, and no upfront costs.

Example of a child brain injury claim

A baby might show clear signs of distress during labour, but midwives fail to escalate concerns or arrange an emergency delivery in time. As a result, the baby is deprived of oxygen, leading to a hypoxic brain injury and significant long-term developmental needs. If the monitoring failures fell below a reasonable standard of care and earlier intervention could have prevented the injury, this could be a valid child brain injury claim.

Common child brain injury claims we support

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400+ specialists in our Medical Negligence team

What compensation can help with

Securing support and financial security for your child’s future.

Because every child’s injury and prognosis is different, compensation is tailored to reflect your child’s specific needs, both now and in the years ahead. Where the injury is significant and long-term care is likely, the full value of the claim may not be finalised until a clearer prognosis can be made. In many cases, medical experts may not be able to make that assessment until your child is around seven or eight years old. But that doesn’t mean you have to wait. The claim can be started earlier so that investigations can start, and support can be put in place immediately.

Successful child brain injury claims from medical negligence may help fund:

Specialist therapies such as physiotherapy, occupational therapy, speech and language therapy, and neurorehabilitation
Psychological support and counselling for your child and family
Specialist education support and learning aids
Mobility aids, assistive technology, and adapted equipment
Home adaptations to meet your child’s needs
Ongoing care and case management
Loss of future earnings and long-term financial security

Understanding the potential value

In cases involving serious neurological injury, such as cerebral palsy or significant developmental delay, child brain injury claims can result in high-value settlements. These sometimes run into millions of pounds, reflecting the lifelong nature of the support required. When we value your claim, we consider the severity of the injury, the long-term care and support your child will need, the impact on their education and independence, and the cost of specialist therapies and accommodation over their lifetime. Settlements always reflect the true cost of the injury and its wider impact on your family, the shift in dynamics, and the care and support you need.

Understanding interim payments

We understand that families often face immediate financial pressure long before a claim is resolved. Where appropriate, we will pursue interim payments on your behalf, which are payments made during the claims process before final settlement. This can help fund early rehabilitation, specialist therapies, equipment, or home adaptations while the case is ongoing. Interim payments in cases like these can provide genuine respite and relief to families that desperately need the support right away. Your child should not have to wait until the end of the claim to access the support they need.

Specialist child brain injury solicitors

Why choose Fletchers Solicitors for your child brain injury claim?

When a child suffers a brain injury, families need more than legal advice. They need a team they can trust, with the experience to handle complex medical evidence, and the sensitivity to support parents through an incredibly difficult time. We know how heart-wrenching it is if your child is injured, and that you won’t want to leave their side for a moment. Our child brain injury solicitors are happy to talk over the phone or travel to meet with you at home, in hospital or wherever else is convenient for you. We support families across England and Wales, with extensive experience in high-value, life-changing injury claims.

Expertise you can rely on

Specialist child brain injury and clinical negligence solicitors, with extensive experience in high-value and complex cases
Particular expertise in birth injury claims, including cerebral palsy and hypoxic brain injury linked to oxygen deprivation or delayed intervention
Access to leading independent medical experts across neurology, paediatrics, and long-term care
Proven ability to secure interim payments, helping families access therapy, equipment, and care while the claim is ongoing
In-house rehabilitation and wellbeing team, supporting your child’s recovery and long-term needs alongside the legal process
Solicitors who are happy to speak by phone or meet you at home, in hospital, or wherever is most convenient
‘No Win, No Fee’, so you can pursue your child’s claim without financial risk

You're not alone

We understand what you and your family are going through.

Finding out that your child’s brain injury may have been caused by avoidable mistakes in their medical care is devastating. Alongside worrying about your child’s health and future, you may be trying to process what happened, manage the impact on your family, and work out what to do next – all at the same time. It’s an enormous weight to carry, and we recognise this is a really difficult time.

We also know that the practical pressures can feel relentless. Many of the families we’ve supported have needed to access specialist therapies, equipment, adaptations to your home, care support. All of this creates additional strain and financial pressure, at a time when your focus should be entirely on your child’s recovery.

After a child brain injury, families are often focused on one thing – getting the right help in place as soon as possible. Alongside the child brain injury claim, we can help you explore the support available and ensure your child’s long-term needs are properly considered. That might include specialist rehabilitation, like physiotherapy, occupational therapy, speech and language therapy, neurorehabilitation, and psychological support. Your child might also require mobility aids or assistive technology to help with their recovery, development and cognitive needs.

A claim can help ensure these needs are assessed fully and funded appropriately, giving your child the best possible opportunity to progress. And we can handle all of this on your behalf.

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FAQs about child brain injury claims

Who can bring a child brain injury claim?

If your child has suffered a brain injury due to medical negligence, a parent or other responsible adult can bring a claim on their behalf. This person is often known as a litigation friend, which is the legal term for someone appointed to make decisions and give instructions to the solicitor on the child’s behalf.

A litigation friend does not receive the compensation personally. The claim is brought for the child, and any damages awarded are intended to fund their future care, treatment, and support.

This arrangement ensures your child’s best interests are protected throughout and that any compensation is managed appropriately for their long-term needs.

How long does a child brain injury claim take?

The time for a claim to settle depends on the complexity of the case and the severity of the injury. Child brain injury cases can take several years to resolve, particularly where a child’s long-term prognosis is still developing.

In cases involving significant ongoing care needs, it may not be possible to fully value the claim until your child is old enough for a clearer prognosis to be established, which can sometimes mean waiting until they are around seven or eight years old.

However, the claim can be started earlier. Beginning the process sooner means liability can be investigated, evidence preserved, and interim payments pursued to support your child’s needs while the case is ongoing.

What is the time limit for making a child brain injury claim?

In most cases involving children, the standard three-year time limit does not begin until the child turns 18. This means a claim can generally be brought at any point before their 21st birthday. However, there are exceptions to this rule, and it’s always advisable to speak to a solicitor as early as possible.

Starting a claim sooner makes it easier to gather evidence and access early support for your child.

What evidence is needed for a child brain injury claim?

The evidence required will depend on the circumstances of your child’s injury. In most cases, this will include your child’s medical records and independent expert reports from specialists in paediatric neurology, obstetrics, or emergency medicine.

You do not need to gather this evidence yourself. Our team will obtain the relevant medical records and arrange independent expert assessments on your behalf. We will clearly explain what is needed and why, at every stage of the process.

What if my child's brain injury happened at birth?

Birth injuries caused by medical negligence are among the most complex cases we handle. They often involve a detailed review of antenatal care, labour records, and decisions made during delivery. The earlier a case is investigated, the easier it can be to assess what happened and whether the injury could have been prevented.

If you believe your child suffered a brain injury at birth, speaking to a specialist solicitor early can help protect your child’s position and ensure the right evidence is preserved. Our team has extensive experience in birth injury claims, including cases involving cerebral palsy and other neurological conditions linked to oxygen deprivation or delayed intervention.

What if I am not sure negligence occurred?

You do not need to be certain that medical negligence occurred before speaking to us. Our child brain injury solicitors can review the circumstances, obtain your child’s medical records, and arrange independent expert evidence to assess whether a claim may be possible.

We will give you honest, clear advice on whether we think you have a valid claim or not, and there is no obligation to proceed.

What support is available during a child brain injury claim?

Alongside the legal process, we can help your family access the practical support you all need. Our in-house rehabilitation and wellbeing team works with leading medical experts and specialist providers to help coordinate care, therapy, and rehabilitation for your child as early as possible.

Where appropriate, we will also pursue interim payments (funds released before the claim is settled) to help cover the cost of therapies, equipment, home adaptations, and other immediate needs. You should not have to wait until the end of your claim to access the support your child needs.