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compensation following an accident
illness or injury - nationwide
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People who received injury as they were being born are able to appoint a birth injury lawyer to handle a claim for compensation at a point beyond the usual three-year limit for other kinds of personal injury claims.
The reason usually given for this is that it allows people who suffered a birth injury, such as Erbs palsy, to make a compensation claim on their own behalf, even if their parents had decided not to do so. At the age of eighteen, it is generally assumed that a person then attains majority and the standard three-year claims limit normally comes into effect. This means that a person who suffers a birth injury would normally have to make any compensation claim by the time he or she is twenty-one years old.
But this is not an absolute rule. In certain cases, the courts that would handle such a claim have a degree of discretion that will allow them to extend this deadline where it is "equitable" to do so, under the Limitations Act 1980. A 2008 case that has been described as a "landmark" saw a man from Coventry given permission to bring a compensation claim against a hospital that he believes treated his cerebral palsy negligently - at the age of 27.
This does not remove the limitation from such compensation claims. Although it does show that the courts are willing to use discretion, they must still consider the length of time that has passed between the end of the general limit and the claim being brought, the behaviour of the claimant during that period, and whether the claimant knew about the possibility of bringing a claim, among other factors.
Appointing a birth injury lawyer
The apparent complexity of those factors means that it is highly advisable to find a solicitor with good experience in these matters, and a strong record of success. Here at YouClaim, we have a panel of just such professionals, all governed by the strictures of the Solicitors Regulation Authority for your confidence.
That complexity also means that, unlike the simpler personal injury cases we handle, we can't guarantee that your birth injury compensation claim will be free, but we can guarantee that you will not be surprised by any costs - we will be open and honest about these before you are committed to the claim. We will also endeavour to keep them as low as possible, and to reclaim them in a won case.
You can, of course, rely on receiving the full 100 percent compensation; we take no cut.
To discuss the ways in which our expert birth injury lawyers could help you, please call, on 0800 10 757 95, chat to us online, or complete an online claim form - however you reach us, we will do everything we can to bring you the compensation you deserve.
