We understand how difficult it can be when your child has suffered a brain injury. Alongside the huge emotional impact, you may also be facing uncertainty about your child’s recovery, ongoing care and what the future may look like for your family.
Our specialist brain injury solicitors have extensive experience helping families in positions just like yours. As well as providing expert legal advice, we work with leading medical professionals and rehabilitation specialists to help fast-track medical assessments and rehabilitation, starting the recovery process as quickly as possible.
At such a stressful time, considering your legal options may not be at the front of your mind, but if you do, we are here to help, to listen to what has happened, and to provide expert legal guidance on what rights you may have if you wanted to pursue a compensation claim.
However, if you’re not quite ready to speak to us, please read our guide below as we answer some of the most important questions parents and families have when considering a brain injury compensation claim for a child.
Why Choose Coulthursts?
Legal Specialists
We deal exclusively with brain injury claims.
Rehabilitation & Treatment
We pay for and arrange early treatment and support.
Financial Support
We provide financial advice and support, and ensure maximum compensation is obtained.
A Bespoke Service
We build our service around what you and your family need.
No Win No Fee
We are committed to offering a no win, no fee service.
When can I claim compensation if my child has suffered a brain injury?
You may be entitled to claim compensation if your child suffered a brain injury because of someone else’s negligence.
This could include an accident at school, on the road, in a public place such as a playground, or during a sporting activity.
Negligence means that a person or organisation had a duty of care towards your child but failed to meet that responsibility, resulting in an accident or injury. In some cases, you may be able to claim even if your child was partly to blame for the accident.
There are specific time limits when making a claim for a minor.
You can make a claim on your child’s behalf at any time before they turn 18. If a claim has not been made before your child turns 18, they will usually have until their 21st birthday to start a claim themselves.
However, if your child’s brain injury has affected their mental capacity, the usual time limits may not apply.
Who can make a claim on behalf of a child if they have suffered a brain injury?
As children under the age of 18 cannot legally make decisions about a claim themselves, the claim must be made on their behalf by a litigation friend.
A litigation friend is a person who acts on behalf of someone who cannot conduct legal proceedings themselves and is usually a trusted family member, parent, guardian or carer.
The litigation friend acts in the child’s best interests throughout the claim. They provide instructions to the solicitor, make important decisions, where appropriate, and authorise any proposed settlement on the child’s behalf.
The court must authorise this role to ensure the litigation friend acts in the injured person’s best interests. The litigation friend will be responsible for making important decisions about the claim, including liaising with solicitors and authorising any proposed settlements.
As your child’s solicitors, our duty is always to act in your child’s best interests and guide you through every stage of the claims process.
The court must approve any compensation settlement involving a child before it can be finalised. This usually involves a short hearing where the proposed settlement is reviewed to ensure it is fair and in your child’s best interests. We will prepare everything on your behalf and guide you through the process, including attending the hearing if required.
What types of accidents can lead to a child brain injury compensation claim?
Your right to claim compensation if your child has suffered a brain injury is not related to the type of accident, but whether someone was at fault for the accident.
However, some of the most common accidents that can result in a child brain injury compensation claim include:
- Road traffic accidents, including when a child is injured as a passenger in a car accident
- Cycling accidents, including when a child has been knocked off their bike by another road user.
- Pedestrian accidents, including being hit by an oncoming vehicle
- Accidents in public places, including playgrounds, shopping centres, leisure centres, skate parks and theme parks.
- Accidents at school, including injuries suffered in the playground, while playing sports or on school trips.
- Falls from height, particularly from climbing frames, climbing walls or slides.
- Sporting accidents, including brain injuries suffered while playing football, rugby, cricket or other contact sports.
What types of child brain injuries can I claim for?
Brain and head injuries in children can sometimes be difficult to diagnose, and the full effects may not become clear immediately.
We have experience representing clients who have suffered a wide range of injuries, including traumatic brain injuries, concussion, skull fractures and haematomas.
Can I claim even if my child was partly to blame for the accident?
Possibly, yes. Even if your child was partly responsible for the accident, they may still be entitled to compensation.
For example, your child may not have been wearing a helmet while riding their bike, or they may have crossed the road without looking. Every case is different, and the circumstances will always need to be carefully considered.
In legal terms, this is known as contributory negligence. It means responsibility for the accident may be shared between your child and another person or organisation.
Where this happens, compensation may be reduced to reflect your child’s share of the responsibility, rather than the claim being refused altogether.
We would always encourage you to speak to us before assuming your child isn’t entitled to compensation.
Early Access To Rehab
Your rehabilitation starts when you need it, not months later. We don’t wait for insurer approval to get you help.
From physio and neuropsychology to home support or counselling, we act fast to arrange treatment when it makes the biggest impact. Funding is available upfront so you can focus on your recovery while we handle the legal work.
How much compensation could I claim on behalf of my child for a brain injury?
The amount of compensation you may be able to receive will depend on how severe the injuries are and the impact it is likely to have on their life, both now and in the future.
Compensation is calculated to reflect your child’s pain, suffering and loss of amenity, as well as the cost of any care, treatment, rehabilitation and support they may need in the future.
How is compensation for a child brain injury calculated?
Compensation for a child brain injury is calculated by considering both general damages and special damages.
General damages compensate your child for the pain, suffering and impact the injury has had on their quality of life.
Special damages cover the financial losses and future costs associated with the injury, such as medical treatment, rehabilitation, care, specialist equipment and any other support your child may need.
What are general damages?
General damages are awarded to compensate your child for the pain, suffering and loss of amenity caused by their brain injury.
This includes the physical and psychological effects of their injury, as well as the impact it may have on your child’s quality of life, including their ability to take part in everyday activities, education, hobbies and other aspects of their childhood.
The Judicial College, published by the Ministry of Justice, provides guidelines for compensation amounts based on the severity of the injury. These guidelines are used as a reference point when assessing how much compensation your child may be entitled to receive.
| Type of Injury | Amount of Compensation | Level of Injury |
|---|---|---|
| Very Severe Brain Injury | £344,150 – £493,000 | Vegetative or minimally conscious state. Little or no response to environment. Full-time care required. |
| Moderately Severe Brain Injury, Serious Disabilities | £267,340 – £344,150 | Serious disabilities with severe cognitive and physical impairment. Major impact on independence and life expectancy. Professional care essential. |
| Moderate Brain Injury, No Return to Work | £183,190 – £267,340 | Lasting intellectual or sensory problems and personality change with no realistic prospect of returning to work. Significant ongoing support needs. |
| Moderate Brain Injury, Some Return to Work Possible | £110,720 – £183,190 | Moderate intellectual or sensory deficits. Some ability to work, but significantly reduced. Ongoing support and rehabilitation likely required. |
| Moderate Brain Injury, Memory/Senses Affected | £52,550 – £110,720 | Problems with memory, attention, balance, or senses. Work may be possible. Risk of epilepsy may be present. Daily life impacted but independent living broadly achievable. |
| Less Severe Brain Injury | £18,700 – £52,550 | Good recovery expected, but ongoing issues may include fatigue, memory problems, or reduced concentration. Some impact on work and daily activities. |
| Minor Brain Injury | £2,690 – £15,580 | Symptoms resolve within weeks or up to two years. Covers mild head injuries or concussions with minimal or no lasting brain damage. |
In addition to claiming general damages, you will be legally entitled to claim special damages.
Brain Injury Claims Specialists
We focus solely on brain injury claims and we have experienced senior solicitors only – no delegation to junior staff, just expert-led support throughout.
That means every expert, decision, and step we take is tailored to support your recovery and future. With deep knowledge and the right contacts, we guide your case with genuine expertise – from start to settlement.
What are special damages?
Compensation for special damages is for expenses you have incurred or any losses you’ve suffered – up until the point of settlement.
The amount of compensation for special damages you may be able to claim is particularly important for those who have suffered severe brain injuries as many children require long-term, full-time medical assistance and care.
In these cases, the amount of compensation you receive, including future losses, may be much larger than the compensation for general damages.
In such instances, claims for special damages could include, but may not be limited to:
- The loss of earnings to the date of settlement
- Medical expenses incurred for treatment and rehabilitation
- The cost of specialist medical equipment
- The cost of adapting the family home to meet your child’s needs
- The cost of professional care and support,
- The cost of special educational needs
- The cost of full-time care, if it is a family member, taking into account their loss of potential income.
While no amount of compensation can undo the effects of a serious brain injury, it can provide financial security and ensure your child has access to the care, treatment and support they may need throughout their life.
Our specialist brain injury claims solicitors have extensive experience handling very high-value brain injury cases.
Speak to our expert team today to understand your legal rights and how we can help support you.
Better Off With Coulthursts
In a case valued at £1m you could be up to £150,000 better off using us, rather than a firm that charges the equivalent of 25% of your compensation.
This is because the maximum we charge when we win your case is typically just 10% – making sure you’re not weighed down by legal costs.
So, while some firms may look to take up to 25% of your compensation, we won’t.
And, even though we are specialists in brain injury claims, we always offer a no win no fee service.
Can I make a no win no fee brain injury claim on behalf of a child?
Yes, you can make a child brain injury claim on a no-win, no-fee basis. We provide all our legal services with a no-win, no-fee guarantee, meaning you won’t have to pay any legal fees if your claim is unsuccessful.
No win no fee legal services are offered through what is known as a Conditional Fee Agreement (CFA).
This agreement means that there will only be a fee payable on the condition that you win. A CFA offers you the safety to pursue a compensation claim, knowing that you are at no financial risk if it’s unsuccessful.
There are no upfront costs associated with making a claim with us, and if your claim is successful, the party you are claiming from will pay the legal fees.
Additionally, we provide an After The Event (ATE) insurance policy that protects you in the rare instance that the claim is unsuccessful. An ATE policy means you have no upfront costs and nothing to pay if you lose the case.
How much does it cost to make a brain injury compensation claim for a child?
We understand that the cost of making a claim is an important consideration for families.
That’s why we agree a success fee with you at the start of your claim, so you’ll know exactly how much it will be. While it is common for some firms to charge up to 25% of the compensation awarded, we typically charge only 10%.
Brain injury claims often include compensation for the lifelong care, rehabilitation and support a child may need.
Some firms calculate their success fee on the total compensation awarded, including these future care costs. We don’t.
That’s why we cap our overall success fee at just 10%, helping to ensure more of your child’s compensation remains available for the care and support they may need in the years ahead.
What does this mean?
For example, if your child’s claim is valued at £1 million, choosing us instead of a firm that charges a 25% success fee on the total compensation could mean your child receives up to £150,000 more.
Our example below shows the significant difference in the compensation you may receive.
| Compensation amount | Your compensation if you had to pay 25% to another firm | Your compensation after 10% legal fees with Coulthursts | Your total saving using Coulthursts |
|---|---|---|---|
| £500,000 | £375,000 | £450,000 | +£75,000 |
| £750,000 | £562,500 | £675,000 | +£112,500 |
| £1m | £750,000 | £900,000 | +£150,000 |
In addition, we can arrange medical treatment and rehabilitation for your child at our own cost.
This means they can begin receiving the care and support they need without unnecessary delays while waiting for insurance companies to authorise treatment.
Low Caseload, Full Focus
With ultra-low caseloads, typically around just five cases each, our solicitors have more time to work closely with you. You’re never just a file.
We build strong relationships, understand your needs in detail, and move things forward quickly—helping you feel fully supported and confident throughout the legal process.
What evidence do I need to start a claim?
To understand your legal rights, we may ask you for some details on the events that led to your child’s injury. This may include things such as;
- When, where and how the accident happened
- What is the nature and severity of your child’s injuries
- Who may have been responsible for the accident
- What medical diagnosis and treatment your child may have received
- How the injuries have affected your child’s life as well as the impact it has had on your family
If you have them, it can also be helpful to provide any supporting evidence, such as:
- Witness statements
- Accident reports
- Photographs of the accident scene or injuries
- Police reports
- CCTV footage
Don’t worry if you don’t have all of this information. We can often help obtain the evidence needed to support your child’s claim.
What are the steps involved in making a claim?
Every child brain injury claim is different, but most follow the same five stages:
- Assessing your child’s legal rights to claim
- Gathering evidence and establishing who was responsible
- Presenting the claim to the other party
- Negotiating a settlement
- Court proceedings, if an agreement cannot be reached outside of court (although this is rare)
If you choose us to represent you and your child, we’ll guide you through every stage of the claims process.
We’ll explain everything clearly, keep you updated on your claim’s progress and make sure you understand how our no win no fee agreement protects you if the claim is unsuccessful.
Based on the information you are able to provide, we will arrange for your child to be assessed by an independent medical expert.
Their assessment will help us understand the extent of your child’s injuries, how they are likely to affect their future and the level of compensation that may be appropriate.
We can also help arrange specialist treatment and rehabilitation to ensure your child receives the care and support they need as early as possible.
We will instruct an independent medical expert to assess the level of injuries sustained and how they may impact your life. At this point, we can help arrange specialist treatment and rehabilitation to ensure you’re in the best possible care.
Our solicitors will build your child’s case using the information you provide, the independent medical evidence and any other supporting documentation. We will represent your child’s interests throughout the claim, working to secure the compensation they are legally entitled to.
You can be confident that our experienced brain injury solicitors will do everything possible to achieve the best outcome for your child. We have a proven track record of securing substantial compensation for children and families affected by serious brain injuries.
Support Beyond The Claim
Many of our clients come through recommendations from doctors, brain injury specialists, clinicians, rehabilitation providers, barristers, or charities who’ve seen our work first-hand.
But we go beyond legal advice. We also help with things like benefit forms, chasing insurers, cancelling fines, and cutting through admin. It’s all part of our client-first approach and supporting you in ways other firms simply don’t.
How long will the claim take to settle?
The time it takes to settle a child brain injury claim will depend on the complexity of the case.
Brain injury claims are often more complex than other types of personal injury claims. This is because it can take time to gather the necessary evidence, establish who was responsible and fully understand the long-term impact the injury may have on your child’s life and future needs.
While some claims can be resolved within months, more complex cases may take longer to ensure your child’s condition has been fully assessed and any future care, treatment and support requirements have been properly considered.
Although this can take more time, it helps ensure your child’s compensation reflects both their current and future needs.
How is compensation for a child managed and protected?
We understand that parents often worry about how a large compensation settlement will be managed and whether it will provide for their child’s needs in the years ahead.
Our role doesn’t end when a claim settles. We’ll continue to support you by helping to ensure your child’s compensation is protected and used in the best possible way to meet their long-term needs.
Depending on your child’s circumstances, there are several ways we can help safeguard their compensation.
This may include asking the court to approve any settlement to ensure it is in your child’s best interests, arranging periodical payments to provide a guaranteed income for future care, appointing a Court of Protection deputy where ongoing financial management is required, or advising on a personal injury trust to help protect the compensation for your child’s future.
Contact us for a free consultation
We are happy to meet individuals and their families to explain how we work and whether our service may be suitable for you. This is always at no cost and with no obligation.