The process for bringing a cerebral palsy claim is as follows:
Initial Assessment
When you contact us at Lime, we will interview you and take full details of your potential claim. The specialist solicitor will consider the nature and severity of the alleged negligence, the amount of harm or loss suffered and whether the claim falls within the legal time limits. If we are happy, that the claim holds good prospects of success, we will agree to act for you.
Gathering Evidence
Your solicitor will request your medical records from both Mum and child’s GP and any relevant hospitals. These records help establish a timeline and potentially identify any breaches in duty of care. We will ensure that all of the records, x-rays and scans are sorted and paginated ready for us to instruct an expert witness.
Expert Review
Independent experts will be instructed to assess whether the care fell below acceptable standards (known as breach of duty). Further experts will be instructed to determine whether he breach of duty caused your child’s injuries (causation)
Letter of Claim
If expert evidence supports your case, your solicitor will draft and send a Letter of Claim to the Defendant. This outlines the allegations of negligence. The defendant has four months to respond, either admitting or denying liability.
Investigating the value of the claim
If liability is admitted, your solicitor will obtain several more reports from experts setting out the extent of your child’s injuries and their future needs. At that stage it may be possible to negotiate a settlement. All settlements must be approved by the Court.
Court Proceedings (if necessary)
If liability is denied, your solicitor may issue court proceedings. The case will eventually be listed for a trial to determine whether the claim succeeds. Most cases settle before trial, but your solicitor will guide you through the process if it proceeds to court. Following the trial your Solicitor will go about investigating the value of the claim as above.